The disabling of the EC Disability Regulation: Stott c. Thomas Cook Tour operators Ltd. in the light of the exclusivity Doctrine

Abstract

The (contractual) relationship between passengers and airlines is regulated on an international as well as a European level. However, problems arise in the demarcation between these levels. The cause of these demarcation problems lies, on the one hand, in the strict 'exclusivity doctrine' under which only the Montreal Convention can serve as a basis for any claim arising out of international carriage by air and, on the other hand, the refusal of the CJEU to deal with the matter. In Stott v. Thomas Cook Tour Operators Ltd, the UK Supreme Court has unequivocally confirmed the Exclusivity Doctrine to the detriment of the EC Disability Regulation. In this article, the decision of the UK Supreme Court will be discussed in the broader context of the problematic relationship between the international convention and European passenger rights regulations.