Huzar appeal

JPears

jezmyers wrote: »

for info, this is Wizzair's current position;

[FONT=&quot]"We have received an official response from the legal department that the decision in the Huzar case cannot be binding in every case when the delay or cancellation of a flight was caused by a technical problem, because technical problems may vary. I regret to inform you that we are still unable to pay the requested compensation."[/FONT]

Time for legal recourse then....

batman44

jezmyers wrote: »

for info, this is Wizzair's current position;

[FONT=&quot]"We have received an official response from the legal department that the decision in the Huzar case cannot be binding in every case when the delay or cancellation of a flight was caused by a technical problem, because technical problems may vary. I regret to inform you that we are still unable to pay the requested compensation."[/FONT]

All tech problems full stop! Only problems beyond the airlines control i.e manufacturers fault, third parties. Court no more excuses from them that's all they will understand.

jezmyers

Court indeed! I have no issue with this whatsoever, I'm in the middle of completing the court forms as I reply to this.

jezmyers

batman44 wrote: »

All tech problems full stop! Only problems beyond the airlines control i.e manufacturers fault, third parties. Court no more excuses from them that's all they will understand.

Of course, they could avoid court by simply sending through the information as to the 'technical fault' prior to instigation of Court proceedings, but that's far too obvious...

Tyzap

I understand that Jet2 have written to the courts requesting cases continue to be stayed pending a Dutch case!

Will duplicate this post on the Jet2 thread.

Vauban

Tyzap wrote: »

I understand that Jet2 have written to the courts requesting cases continue to be stayed pending a Dutch case!

Will duplicate this post on the Jet2 thread.

Last time I checked, the Supreme Court trumped Dutch courts on matters of UK law. It's not 1688.

Mark2spark

jezmyers wrote: »

Of course, they could avoid court by simply sending through the information as to the 'technical fault' prior to instigation of Court proceedings, but that's far too obvious...

It's part of the pre court writing letters bit where they should fully divulge the nature of the delay, the failure to divulge that info is reason enough, in itself, to issue court proceedings.

NoviceAngel

Tyzap wrote: »

I understand that Jet2 have written to the courts requesting cases continue to be stayed pending a Dutch case!

Will duplicate this post on the Jet2 thread.

I've just posted in the Jet2 thread, I can confirm this to be the case.
We though it was all over!

It ain't now!!

I wonder if the Courts will agree to a further stay pending the Dutch case.....

remain stayed pending the outcome of the reference by an Amsterdam Court to the Court of Justice of the European Union (CJEU) in the case of van der Lans v. KLM, published by the Official Journal of the European Union on 8 September 2014.

NoviceAngel

I'll work on a reply this evening when I get home, but if anyone can throw in some legal reasons why cases should be no longer be 'stayed' please post.

As far as I'm concerned the highest court in the land, has made a decision- surely that has to be the end?

northwest1965

I wonder if many customers are now starting to vote with their feet?

I was a Jet2 frequent customer (living near Manchester). No more!