MSE News: Flight delay compensation changes move closer

2.4K Posts
"The European Union's Transport Committee has backed 600 amendments to existing rules on air passenger rights..."
Read the full story:
Flight delay compensation changes move closer

Click reply below to discuss. If you haven’t already, join the forum to reply. If you aren’t sure how it all works, read our New to Forum? Intro Guide.
Flight delay compensation changes move closer

Click reply below to discuss. If you haven’t already, join the forum to reply. If you aren’t sure how it all works, read our New to Forum? Intro Guide.
0
This discussion has been closed.
Latest MSE News and Guides
Replies
"For example, technical faults do not count as "extraordinary", except in the following circumstances:
Up to 2,500km (all flights) 3 hr €300
2,500km+ (flights within the EU only) 5hr+ €400
2,500km-6,000km (flights between an EU and non-EU) 5hr+ €400
6,000km+ (flights between an EU and non-EU ) 7hr+ €600
Get ready for the airlines producing this as part of their evidence/ bundles for upcoming court cases.
Remember this ....it is still only in 'draft' status and until fully implemented has no legal standing at all.
Be ready to counter this with the regulation as it stands at present and the case law that surrounds it....
Underline and print in bold as part of your bundle/ evidence to counteract this if the particular airline you are claiming against tries to use this.
Current known score:-
Dr Watson 35 - 0 Ryanair / Ince and Co
Go to post 622 on the Ryanair thread to read how to sue them safely.
I was assuming (possibly incorrectly) that this would be in a new regulation having effect from some future date.
According to the article from 2015 at the earliest.
But no doubt the airlines will start spouting this now (as they have done in many cases with the first draft of guidance that was released earlier this year) to try and pull a fast one over any not so learned judge....
My advice is to be ready for this if you have an upcoming court case..
Current known score:-
Dr Watson 35 - 0 Ryanair / Ince and Co
Go to post 622 on the Ryanair thread to read how to sue them safely.
The alleged Ringleader.........
Totally agree JP.
But does the average litigant know this? Especially when the airlines are trying to use this like I said ....to pull a fast one.
Be prepared is my advice
Current known score:-
Dr Watson 35 - 0 Ryanair / Ince and Co
Go to post 622 on the Ryanair thread to read how to sue them safely.
How difficult would it be to take "reasonable measures" to avoid such circumstances having a serious impact on flight operations?
Here's the link to the Transport Committee's report:
http://www.europarl.europa.eu/meetdocs/2009_2014/documents/tran/pr/1002/1002222/1002222en.pdf
You will see that on the principle of technical problems being extraordinary, the committee says:
Pages 67 to 70 of the report proposes amendments to the Commission's own draft annex of a non-exhaustive list of extraordinary circumstances. I can see nothing in here to justify the assertion that faults found during pre-flight maintenance checks would constitute ECs.
MSE News reporter getting something wrong?! As if!
Page 70 of your link, Vauban, contains the offending words but I can't for the life of me work out what the significance is of "[FONT="]Text proposed by the Commission Amendment" as distinct from [/FONT]"[FONT="]Amendment[/FONT]".
Panic over??
[FONT="]Annex 1[/FONT]
Regulation (EC) No 261/2004
Annex 1 – paragraph 2 – point i
[FONT="]Text proposed by the Commission Amendment[/FONT]
i. technical problems [FONT="]inherent in the normal operation of the aircraft, such as a problem identified during the routine maintenance or during the pre-flight check of the aircraft or which arises due to failure to correctly carry out such maintenance or pre-flight check; [/FONT]and
[FONT="]Amendment[/FONT]
i. technical problems [FONT="]due to events which, in view of their nature or origin, are inherent in the normal exercise of the activity of the air carrier concerned and which are in reality within its control; [/FONT]and
Or. De
[FONT="]Justification
[/FONT]
[FONT="]According to the judgment in the case of Wallentin/Herrmann, technical defects are not exceptional circumstances. They are part of normal airline operations, and it must be possible to take measures to deal with them.[/FONT]