However, the Court of Justice of the European Union ruled in favour of the company specializing in debt collection. In particular, the court stated that "An air carrier may not invoke an agreement on jurisdiction over a debt collection company unless that company has entered into all the rights and obligations of the original party." In other words, if the passenger transfers, to a third party which is not a consumer, "only" their right to a claim, then the terms and conditions and the agreement on the jurisdiction of the courts under the contract of carriage do not apply, and the third party can sue according to the general rules. This principle will not apply if the passenger has transferred the entire contract of carriage to a third party other than the consumer, in which case the company would have to sue in Ireland.
The judgment brings new, interesting opportunities for ticket intermediaries and, in short, for all entities involved in the recovery of passengers' claims against airlines.
