O „przemienności drogi dochodzenia roszczeń” przysługujących podróżnym na podstawie rozporządzenia nr 261/2004
On the choice of the way of seeking compensation by air passengers pursuant to Regulation No 261/2004

Summary/Abstract: The aim of this article is to present issues concerning the choice of how air passengers are able to seek compensation referred to in Article 7 of Regulation No 261/2004, in the light of Article 12 and 16 of the said Regulation. The resolution of the Polish Supreme Court of 7 February 2014 is discussed. The author points out to problems arising from the position taken by the Supreme Court, which allows passengers to seek compensation before common courts as well as before the President of the Civil Aviation Authority. These problems are mainly due to the division of competences which exists in Polish law between judicial and administrative authorities. Therefore, civil and administrative procedures do not regulate a situation where the competence to decide on specific matters has been entrusted both to common courts and to administrative bodies. The author attempts to assess the solution adopted in Polish law, in particular with regard to the CJEU judgement of 17 March 2016 in joined cases C-145/15 and C-146/15.

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