Huzar appeal

Vauban

NoviceAngel wrote: »

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?

I think that's the sum of it. These issues have gone before the Court of Appeal and the Supreme Court. The latter has confirmed the former's interpretation of how the law is to be understood in England, and is it no longer necessary or just for the case to be stayed for the deliberations of a foreign domestic court.

EDIT: You might also add that the CAA has now confirmed that these matters have been settled and that the cases previously stayed by airlines should now proceed (you should attach the press notice from the Supreme Court and the CAA - as well as the Court of Appeal Huzar judgement).

Vauban

northwest1965 wrote: »

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

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

Who are you flying with instead? The sad truth is that most are as bad as each other. I have stopped flying with Monarch - but that's also because my experience made me appreciate how poor their punctuality was (and thus the chances of being severely delayed).

dxc_chappie

NoviceAngel wrote: »

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.....

Oh dear, years of more delays ahead?

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2014.303.01.0012.02.ENG

northwest1965

Vauban wrote: »

Who are you flying with instead? The sad truth is that most are as bad as each other. I have stopped flying with Monarch - but that's also because my experience made me appreciate how poor their punctuality was (and thus the chances of being severely delayed).

Recently Brussels Airlines and BA. Both on time and great service. Am looking at a flight now but have to pay a tad more for it, worth it I say

Vauban

dxc_chappie wrote: »

Oh dear, years of more delays ahead?

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2014.303.01.0012.02.ENG

I suspect not. More a desperate attempt by Jet2 to keep kicking this down the road. Given the clear direction of the Supreme Court, I doubt our own courts would consider further stays either fair or necessary.

Jerry2014

The Dutch court seems to be having difficulty understanding the language of the Regulation. In the UK the Appeal Court and then the Supreme Court had no such difficulty. I also agree that the CAA has instructed UK airlines to comply with the Courts' decision.

Actually I have just booked another Thomson package (as they are the only UK operator to offer the hotel, and it was much cheaper than booking direct) I am reassured I know how to claim and I have the full support of the law if a serious delay occurs. I frequently fly with both easyjet and British Airways and have never previously suffered a delay which would trigger compensation under the EU Regulation.

I hope that all UK airlines will be encouraged to minimise delays, and treat customers with more respect now that the Regulation has been re-enforced (which was the intention in the first place).

NoviceAngel

Jerry2014 wrote: »

The Dutch court seems to be having difficulty understanding the language of the Regulation. In the UK the Appeal Court and then the Supreme Court had no such difficulty. I also agree that the CAA has instructed UK airlines to comply with the Courts' decision.

Exactly Jerry,

One has to question what on earth a local court in Amsterdam has to do with cases brought in the UK against a UK Company? albeit on an EC regulation. This is totally irrelevant to UK law.

batman44

I think everyone is overlooking one vital and obvious issue here, the case in question is the same as another case put before the ECJ and the question was answered by that court, Wallentin.

The EU directive 261/2004 is for member states to decide via the law of the land of that state, and to be interpreted as such, no other country, not dutch, not german, not spain, and will not, and cannot be overruled by any other pending case in some other country, my god if that was the case then the whole justice sytem would be in tatters with every lawyer or barrister putting case's on hold pending mickey mouse being tried in finland!
This is just a case of Jet2.com not letting go, they lost, get on with it, the sooner jet2.com realise the only winner here is 2birds.

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.
The Supreme Court of the United Kingdom is a member of the Network of the Presidents of the Supreme Judicial Courts of the European Union.


The judges that sit on the bench of the ECJ are judges from the Supreme Courts of member states, and in my opinion most likely fall into line with the judgement of the UK Supreme Court as the UK is seen as the bastion of the judiciary.

And one final point, I do not see any court in this land opposing the judgement of the Supreme Court and stay cases.

NoviceAngel

Thank you for posting that batman44.

I hope you don't mind I'm going to blatantly plagiarise all that and include it in my objection to my case being further stayed.

I'll post my objection to the requested stay on here as soon as I've completed it to help others,should be finished for tomorrow mid - morning, best finish it tomorrow - I've just opened a :beer:

Skid_Marks

I've had an e-mail from Bott & Co today advising me that they are actively discussing payout of cases with Thomson Airways, Thomas Cook and Virgin. In addition Easyjet have started settling litigated cases. Jet2 haven't responded to Bott & Co but this
would suggest that these other companies have little faith in Jet2 being successful with this latest delaying tactic involving the Dutch case.