Huzar appeal

I think many are forgetting the point.

EU law overrules all other law period. The UK gov found that out trying to deport Abbu Hamsa.

Vauban wrote: »

No one disputes that, batman.

In respect of Dawson, the EU law says definitively that national limitations apply. The case is therefore to establish whether in British law the national limitation is 2 or 6 years.

In respect of Huzar, the argument is that Wallentin is ambiguous and what therefore do the concepts of "inherence" and "control" mean in practice, when determining "extraordinary circumstances".

All still to play for. I think Dawson and Huzar will both be upheld, personally, but Dawson looks the shakier (IMHO) ...

Ah I see vauban, british limitations apply so are they not trying to use the Montreal Convention? That is not national but global, so if national limitations apply then that would be 6 years legally, as EU law has precedent by saying national law of member states apply. I don't see many other airlines joining in on this and paying out for six years, so is there something their legal teams are aware of that Thomsons are not? Interesting anyway but just in case i got my claim in before the two years were up. Huzar is more my interest. We shall see.....

It's not the same 'referee' and the different 'referees' probably aren't allowed to confer.

stevemej123 wrote: »

Sometimes when a footy referree gets his decision wrong and sends a player off or gives a penalty he then tries to make amends by giving a soft penalty back or sends a player off from the other side to balance things out.

I wonder if the 'judges' will decide to uphold Huzar but limit compo to only 2 years by rejecting Dawson?

I'd like to think that the decisions will both be made on the basis of a careful and considered analysis of the law and the facts of the cases. Although maverick decisions do get made, I would have thought that less likely at CoA level.

And they should be judging each on the merits of the case and handing down a judement based on interpretation(s) of the law, not what impact it may have on any industry, airline or otherwise.