Flight delay compensation, all other EU airlines

Helpme34

Hi all.

Was just wondering if someone could help.

Our flight to Turkey via Eurowings was delayed for over 3 hours last August. I complained to them via Resolver but they refused to pay out. I escalated it to SOP via resolver on 20th Sept but have not heard anything back.

Does anyone have any idea how long they should take and/or what steps i should take next.

Thanks

DrA_Harrogate

Read Vauban's guide if not already done. Check with Bottonline or EUClaim that compensation is due. If Yes either hand it to them or write the airline an NBA letter. If no joy pursue via European Small Claims (https://e-justice.europa.eu/content_small_claims-42-en.do).

legal_magpie

Erm. I am told on good authority that the European Small Claims Procedure is abolished after 31st January for new cases.

JPears

Really?
I was under the impression that there was a general Brexit transition period until the end of 2020?

legal_magpie

I am not an expert on ESCP but this is what I have been told

The European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regs 2018 provide:-

(i) The ESCP Reg 861/2007 is revoked as of exit day, ie 11pm 31/1/20 (Regs 1 & 10)

(ii) Your ESCP claim is saved if:-

The claim form is lodged before exit day
Enforcement of any judgment to be given “is being sought in the UK”

(iii) Box 9 on Form A allows C to request a certificate for the purposes of enforcing in another Member State if C “intends to ask for recognition and enforcement in a Member State other than that of the court”

If C has asked for a box 9 certificate in a claim lodged in time, it seems that the second condition is not met and the claim bites the dust on exit day and is liable to be struck out.

CPR 78 (European Procedures) is revoked on exit day pursuant to The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (SI 2019/521).

Justice13075

This is from the government website.
Why is it being changed?
2.5 Each of the three EU Regulations operates on a reciprocal basis, requiring cooperation between relevant national courts in participating EU Member States. Absent
this cooperation, which will cease if the UK exits the EU without a deal, none of the
three measures will work effectively in the UK. The UK Parliament cannot legislate
to restore the necessary reciprocity, and while the UK could attempt to apply the
regulations unilaterally we do not consider it would be appropriate to do so, as
explained in more detail at paragraph 7.3 of this memorandum.

It quite clearly states if the UK leaves without a deal. This won't be known until 31/12/202.
Maybe Botts might know.

legal_magpie

JPears wrote: »

Really?
I was under the impression that there was a general Brexit transition period until the end of 2020?

I'm now told that this is correct, so as we were.

frosty12345

Hi, a summary of my lengthy dispute with Eurowings below. I left it for a while as I thought that there was nothing more that could be done. But I thought I should ask for advice here. Recommendations for the next steps would be gratefully received.

10 Feb 2017; Submitted to Eurowings via Resolver:
Our Eurowings flight on 09.dec.2016 (Manchester-Dusseldorf) was cancelled because of a tyre defect. Instead, we travelled on 10.dec.2016 (Eurowings: Manchester-Cologne) and arrived more than 12 hours late. Eurowings arranged overnight accomodation in Manchester and have reimbursed food/drink expenses. I requested €250 per traveller in compensation.

13 Feb 2017; Response received from Eurowings:
We offer you as compensation and amicable settlement a voucher in the amount of 50 EUR which conditions are to be seen in the appendix. Please let us know until the 27.02.2017 if you are willing to except our offer. We apologise that we are unable to offer you any further payment. In this specific case, operation of the flight contrary to schedule was caused by a foreign object which damaged the aircraft scheduled for your flight. This rare occurrence is beyond our control.

13 Feb 2017; My response to Eurowings:
I rejected the offer of a €50 voucher.

13 Feb 2017; Response received from Eurowings:
We regret that we cannot meet your expectations regarding financial compensation this time. Should you wish to use Alternative Dispute Resolution, please be advised that SÖP, Schlichtungsstelle für den öffentlichen Personenverkehr e.V. (https://soep-online.de/welcome.html) is competent to deal with your complaint and provide an independent review. Eurowings/Germanwings is prepared to submit to an ADR procedure operated by SÖP. Should you wish to use the European commission’s online dispute resolution platform to submit your complaint, this can be done by completing the electronic form available via this link: http://ec.europa.eu/odr

10 Mar 2017; My response to Eurowings:
Email sent to Thomas Winkelmann, CEO of Eurowings. (no response ever received)

7 Apr 2017; My response:
Raised claim to CAA.

10 Apr 2017; Response received from CAA:
CAA told me I should use the online service soep-online.de

19 Apr 2017; I raised the complaint with soep

31 Jul 2017; Response received from soep:
Soep recommend that Eurowings should make a monetary payment of €188 per person (approximately 3/4 of the compensation). Part of the recommendation is available here: https://ctrlv.cz/31PT

11 Aug 2017; Response received from Eurowings:
Eurowings rejects soep recommendation.

Justice13075

You could always just send another email to Eurowings saying you reject the €188 you were awarded by Soep and give them 14days to pay the €250 per person. Tell them that if they refuse to pay or don't reply to you then you will take them to the small claims court. Just because Soep said €188 you don't have to settle for that. 

frosty12345

Justice13075 said:

You could always just send another email to Eurowings saying you reject the €188 you were awarded by Soep and give them 14days to pay the €250 per person. Tell them that if they refuse to pay or don't reply to you then you will take them to the small claims court. Just because Soep said €188 you don't have to settle for that. 

FYI it was Eurowings that rejected the SOEP decision.  I doubt that they’ll change their decision just because I threaten small claims court. But it’s worth a go. 

Any advice regarding proceeding via the small claims court? How long should I wait to proceed after emailing Eurowings? Any comments regarding costs and chance of success in this case?

Thanks very much!