Compensation for delayed flights Discussion Area

kirstiej

Hi can I get someone's opinion on this reply I received from EJ re a flight from venice-paris august 2008:

Thank you for contacting us.

Upon further assessment, I regretfully must refuse your claim for compensation relating to your easyJet flights from 2008.

A claim pursuant to Regulation (EC) No 261/2004 is subject to the national statute of limitation of the court that the claim is brought. As such, under the Montreal Convention;

"An action for damages must be brought, under penalty of forfeiture, within two years from the date of arrival at destination, or the date on which the aircraft ought to have arrived, or from the carriage stopped."

Under Italian jurisdiction, the expiration for a claim is two years and ninety two days after the incident occurred.

The date your flight arrived was August 5th 2008, therefore the limitation period for this flight ended on August 5th 2010. The right to claim compensation has been extinguished.

In light of the above, easyJet is unable to offer compensation for the delay suffered to your flight. I apologise for not being able to offer further assistance regarding this matter. If you require further information, please do not hesitate in contacting me.

Yours sincerely

Is this true? I do have legal representation in Italy if necessary

blindman

kirstiej wrote: »

Hi can I get someone's opinion on this reply

Is this true? I do have legal representation in Italy if necessary

Go back two pages to find the answer :cool:

kirstiej

blindman wrote: »

Go back two pages to find the answer :cool:

so that's a yes then...they can refuse on the basis two years have passed?

blindman

kirstiej wrote: »

so that's a yes then...they can refuse on the basis two years have passed?

Did you read this?

As the article states, there is a current ECJ case (Cuadrench More v KLM Case C-139/11) where the judgment is due to be handed down on 22nd November which will clarify the time limit issue with respect to the Montreal Convention but I believe the ECJ will rule as they have in the recent judgment that it is the Member States legal process which will determine the time limit for claims which in the UK is 6 years from the date of delay before a legal claim becomes time barred.

kirstiej

Yes I did but even you concede that it will probably be under the jurisdiction of each member state??? Or did I get that bit wrong? If Italy's small claims deadline is up to 2 years and 92 days....then I'm unlikely to receive anything?

luckyflyer23

Mark2spark wrote: »

On the face of it this IMO would be successfully defended by the airline as an unforeseen safety issue.

How can thomas cook say it was an unforeseen safety issue when the flight was delayed and they were clearly working on the suspect engine even when we were boarding . its seem like this new eu 5 hour delay compensation will come before safety.Is the engineer paper work available to see anywhere

blindman

kirstiej wrote: »

Yes I did but even you concede that it will probably be under the jurisdiction of each member state??? Or did I get that bit wrong? If Italy's small claims deadline is up to 2 years and 92 days....then I'm unlikely to receive anything?

My fault for not reading the whole post Didn't see the Venice-Paris bit.

So after 22nd Nov it may depend on the Member state jurisdiction time limits

If I were you I'd find out what they were as do you believe Easy Jet :cool:

kirstiej

blindman wrote: »

My fault for not reading the whole post Didn't see the Venice-Paris bit.

So after 22nd Nov it may depend on the Member state jurisdiction time limits

If I were you I'd find out what they were as do you believe Easy Jet :cool:

will do thanks, luck would have it that my sister-in-law is an Italian lawyer....

Mark2spark

luckyflyer23 wrote: »

How can thomas cook say it was an unforeseen safety issue when the flight was delayed and they were clearly working on the suspect engine even when we were boarding . its seem like this new eu 5 hour delay compensation will come before safety.Is the engineer paper work available to see anywhere

It's all about opinions, and IMO a 30 minute delay of departure isn't classed as a delay. It's the arrival time that is the key anyway.
However, seeing as the plane took off, then it was seemingly given safety clearance to fly by the engineer. To develop a fault, - in flight - must therefore be seen as a safety issue as landing before destination happened. And who's to say that the 30 minute delay was the same fault being worked on either?
I stand by my first opinion.
I'm not a lawyer though. Just my tuppence worth.

Mark2spark

kirstiej wrote: »

Upon further assessment, I regretfully must refuse your claim for compensation relating to your easyJet flights from 2008.

A claim pursuant to Regulation (EC) No 261/2004 is subject to the national statute of limitation of the court that the claim is brought. As such, under the Montreal Convention;

"An action for damages must be brought, under penalty of forfeiture, within two years from the date of arrival at destination, or the date on which the aircraft ought to have arrived, or from the carriage stopped."

A few people are popping up with this Montreal Convention excuse from the airlines.
Aside from Centipedes news that a further ruling on this from ECJ is imminent, it also strikes me that a compensation claim isn't a claim for damages?
I'm not a lawyer, just using a layman's interpretation of the English words used.
Opinions?