BA/Flight Delay - New Court ruling (Germanwings vs Ronny Herring)

RobSwift

Hi All,

I've had success with BA in getting an initial offer for compensation for your flight which was delayed by BA's standards at 3 hours and 56 minutes, therefore 4 minute short's of the next compensation band.

However - there was a recent ruling (eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62013CJ0452") which specififed that arrival time is the time at which the doors open, not the plan lands.

They ruled "Articles 2, 5 and 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that the concept of ‘arrival time’, which is used to determine the length of the delay to which passengers on a flight have been subject, refers to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft."

Has anyone tried using this ruling yet to get the full amount awarded?

I feel this is an important ruling that should go into MSE's Delayed Flights court cases and ruling section.

Ideas?

Caz3121

It is in the discussion thread post #7411
https://forums.moneysavingexpert.com/discussion/47230
the claimant was Henning not Herring

the problem will be trying to prove when the aircraft doors were open as this is not logged in databases...some will be obvious (eg touchdown in Heathrow will take more than a couple of minutes till on stand and doors open, others more difficult)