Ranks of the instittutions within the EU

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Dear European Court of Justice,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

Hi,
I was denied to board on a plane 3 weeks ago. I was going to fly from Copenhagen to Geneva. When I approched to check-in desk I noticed that I have forgotten my passport at home. As live very close to the train station (malmö/sweden) I could have gone home or have my friend brought over my passport in a short time (20-45minutes) I have had a plenty of time but since It was my turn at the check-in desk I preceded hoping my National ID card would be enough. The person at the desk let me check-in and I was adviced to precede to the gate at the time of boarding. Now I do know travels within the EU and especially in the Schengen-zone do not require passports. With the false sense security from the law and the check-in personell I have waited nearly two hours at the airport and at the time of boarding I found out that I am not eligable for the travel on basis of inadequate identification by the ground personell. Later, after heated disscussion with the supervisor they admit that they should have not letting me go trough the check-in to begin with thus they offered me a free ticket for 3 days later to a vacation that I was going to have for four days. Off course I didn't take it and went on to buy a ticket from another airway. Now I do want them to componsate me for my additional travel but I can seem to get an answer from them after all my attends. What should I do? Do I have a case here and what can I do? All I want is for them to componsate me for the extra and the expensive ticket that I had to purchase"

Now, since I've been getting answers from the EU departments about how everything is my fault (since I forgot my passport).I've lost my faith in EU to tackle down big bully cooperates who are ruining this great union and its advantages (aka free travel) with their private policies. I now plan to take a step forward and sue the airway but I need something from you to use in the court. "An answer” yes and answer of a 'yes' or 'no'. As there is modal of hierarchy in every governmental and private entity to keep the system working I need you to tell me which entity in my question ranks higher.
Are private companies’ policies above the EU laws? As I said before this is a very simple and straight-forward question and all I need is a 'Yes' or 'No', no more…

Yours faithfully,

Hannes Yilmaz

Mr M. Soha left an annotation ()

Hi, sorry to hear about your story, but i really wondering under what law/regulation staff stopped you to get on board?
did they provide you any written refusal?
within EU (for EU national) passport OR ID card is enough to travel, CRD 2004/38 article 4 clause 1 clearly stated this freedom.

Fretwell Christopher, Court of Justice of the European Union

Dear Mr Yilmaz,

Before dealing with your request I would like to point out that Regulation 1049/2001 does not apply to the Court of Justice. The Court of Justice has its own decision, available on its website (http://curia.europa.eu/jcms/jcms/P_92908/) which regulates access to documents held by the Court in the exercise of its administrative functions.

I also note that your request is not, in fact, a request for access to documents, but a request for advice about your specific situation. In that context I must make absolutely clear that the Court of Justice cannot provide legal advice to individuals about their specific legal problems. To do so could prejudice the work of the Court if such a matter were to subsequently arise in a case before it.

To help you understand a little about the Court and what it can and cannot do, I can inform you that the task of the Court of Justice of the European Union is to ensure the respect and uniform interpretation of EU law - that is to say the Treaties establishing the European Union and the legislation adopted under those Treaties. Its jurisdiction is strictly defined by those treaties and the Court can only accept cases which are admissible under the terms of those treaties.

The Court of Justice, the highest of the EU Courts, cannot accept any cases brought directly by an individual. Cases before the Court of Justice are confined to interinstitutional cases, infringement cases brought by the Commission or a Member State against a Member State, Appeals against decisions of the General Court and References for a Preliminary Ruling from national courts. A further explanation about the competences of this court can be found on our website at: http://curia.europa.eu/jcms/jcms/Jo2_702....

Just to clarify further, the Court of Justice is not competent to take cases from individuals directed at other individuals, companies, or State authorities, even where that case concerns an alleged breach of EU law. In such a situation the national courts are competent to hear the case and to apply EU law. During a case before a national Court, if a question of EU law arises, that court may then in turn refer questions to the Court of Justice as to how EU law is to be interpreted and whether the national law infringes EU law. At this point the parties concerned would have an opportunity, through their lawyers, to make their opinions known to the Court of Justice. The Court of Justice would then answer these questions and inform the national court of the correct interpretation of the law. The national court would then continue the case applying the correct law to the facts before it.

In this context I would suggest that you seek professional advice from a lawyer as to how you may be able to take the matter further.

As for advice from EU bodies, The European Commission has a number of services designed to provide EU citizens with advice on the EU in general and your rights under EU law.

Perhaps of most to you would be EuropeDirect which deals with general enquiries about the EU and advice on your rights: http://europa.eu/europedirect/index_en.htm or the YourEurope portal which provides general advice to EU Citizens about their rights in various categories: http://europa.eu/youreurope/citizens/ind....

I hope that helps.

Regards,

Christopher Fretwell
English Section
Press and Information Unit
Court of Justice of the European Union
Tel: +352 4303 3355
Follow us on Twitter: @EUCourtPress

 

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