Huzar appeal

batman44

Well, I found this on the Supreme court and EU court website, very interesting and the last few lines are very telling, make of it what you will.

Like other final courts, the UKSC is, in the areas of European law in which the United Kingdom has accepted the jurisdiction of the Court of Justice of the European Union (CJEU), under the duty imposed by Article 267 of the Treaty on the Functioning of the European Union to ask the CJEU to give preliminary rulings concerning:

1. the interpretation of the Treaties; and
2. the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union;

where such a question is raised in proceedings before it and it considers that a decision on the question is necessary to enable it to give judgment.

Where an application for permission to appeal raises such a question, the UKSC does not, when considering whether in the light of that question to grant permission or to make a reference to the CJEU, apply a test of whether the question is of general public importance.

OldManAhoy

Tyzap wrote: »

It looks like this case is starting to polarise opinions, including the aviation ministers who is 'surprised' at the RCJ ruling last week.

http://www.travelweekly.co.uk/Articles/2014/06/18/48358/aviation+minister+surprised+at+jet2.com+court+ruling.html

Congratulations by the way.
Not entirely surprising since its the Dept of Transport that put the CAA in the position of NEB and its the CAA's insistance on pedalling their 'guidelines' as opposed to applying Wallentin tests that gives us all such a headache........at least until Judge Platts had his say anyway!:j

batman44

Tyzap wrote: »

It looks like this case is starting to polarise opinions, including the aviation ministers who is 'surprised' at the RCJ ruling last week.

http://www.travelweekly.co.uk/Articles/2014/06/18/48358/aviation+minister+surprised+at+jet2.com+court+ruling.html

Robert Goodwill transport minister is to blame for this anyway by not enforcing EC regulation on the CAA, he needs to look at the CAA instead of the airlines. What and extra £1-£2 on a ticket this then can be put aside for delays, a slush fund as you may say. Ryanair already do it!
Also Goodwill is there for the public, that why he was put in office not to back up the industry! I say complain to him.

Skid_Marks

It seems to me that Robert Goodwill is being lobbied by the Airlines on this one!

NoviceAngel

It is interesting though, that the CoA made a decision, that I was surprised at. I'm not for one minute saying I agree with J2, far from it, but the law courts, generally look after big business, so I was pleasantly surprised by the CoA judgement.

I personally think that J2 will succeed in getting their permission to appeal to the Supreme Court, but I'm obviously hoping that the Supreme Court will also inevitably dismiss the application to appeal.

For what it's worth, it will be interesting to see what the County Courts do with current cases, I think that they will take the easy option of further 'staying' cases, but let's wait and see, shouldn't be long before I get a letter.

What do other members think ? are we taking bets? lol

Regards,

NoviceAngel

Vauban

I understand from the excellent Facebook page "Monarch Complaints" that Virgin are now paying out on stayed claims.

NoviceAngel

Vauban wrote: »

I understand from the excellent Facebook page "Monarch Complaints" that Virgin are now paying out on stayed claims.

Let's hope the other airlines follow suit but I doubt it!

NoviceAngel

Just had a PM - Thanks you know who you are

That said that their case went to the County Court today and that the judge ordered that their case remain 'stayed' until the outcome of the permission to appeal to the Supreme Court application was known.

Not good news folks!!

Skid_Marks

NoviceAngel wrote: »

their case went to the County Court today and that the judge ordered that their case remain 'stayed' until the outcome of the permission to appeal to the Supreme Court application was known.

It will be interesting to find out if Bott & Co have any success with their 'stayed' cases.

NoviceAngel

Skid_Marks wrote: »

It will be interesting to find out if Bott & Co have any success with their 'stayed' cases.

Yes it will, I'm hoping that Coby will let us know in general what's happening in the Courts, but I think we're in for the 'long haul' _pale_