The Court of justice delivered today its judgment in case C‑519/19 (Ryanair DAC v DelayFix, formerly Passenger Rights sp. z o.o.), which is about jurisdiction clauses, assignment of passenger claim and unfair terms:
“Article 25 of Regulation (EU) No 1215/2012 […] must be interpreted as meaning that, in order to contest the jurisdiction of a court to hear and determine an action brought for compensation under Regulation (EC) No 261/2004 […] establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, […] and against an airline, a jurisdiction clause incorporated in a contract of carriage concluded between a passenger and that airline cannot be enforced by the airline against a collection agency to which the passenger has assigned the claim, unless, under the legislation of the Member State whose courts are designated in that clause, that collection agency is the successor to all the initial contracting party’s rights and obligations, which it is for the referring court to determine. Where appropriate, such a clause, incorporated, without having been subject to an individual negotiation, in a contract concluded between a consumer, that is to say, the air passenger, and a seller or supplier, that is to say, the airline, and which confers exclusive jurisdiction on the courts which have jurisdiction over the territory in which that airline is based, must be considered as being unfair within the meaning of Article 3(1) of Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts”.