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MSE News: Victory for passengers on flight delay claims in European court ruling

Former_MSE_Helen
Former_MSE_Helen Posts: 2,382 Forumite
edited 18 September 2015 at 9:22AM in Flight delay compensation
The ECJ has ruled that technical problems are not "extraordinary circumstances", meaning passengers can claim...
Read the full story:

Victory for passengers on flight delay claims in landmark European court ruling

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  • is this new?
  • fermi
    fermi Posts: 40,544 Forumite
    Car Insurance Carver! Debt-free and Proud! Newshound! Rampant Recycler
    is this new?

    Yes, it is a result hand down by the ECJ today.

    http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-09/cp150105en.pdf
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  • Vauban
    Vauban Posts: 4,737 Forumite
    Tenth Anniversary Combo Breaker
    It's Van dear Lans - the airline was arguing an interpretation of Wallentin along the lines of spontaneous technical faults being extraordinary circumstances. Oddly, the ECJ didn't agree ...
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Combo Breaker First Anniversary
    edited 18 September 2015 at 9:38AM
    It's groundhog day!

    I'm sure I've seen a judgement almost identical to that before, what a surprise - not.

    IMO this case should never have been referred up to the ECJ, it was a weak link (judge) who should have know better.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Tyzap wrote: »
    It's ground hog day!

    I'm sure sure I've seen a judgement almost identical to that before, what a surprise - not.

    IMO this case should never have been referred up to the ECJ, it was a week link (judge) who should have know better.

    Yeah that's what I thought,
  • So if you are a litigant with your claim on hold/stayed because of this, particularly with Ryanair-
    Now is the time to contact your court and get the stay lifted...
    Surgery is open, and i'm expecting it to be busy.
    Good luck and keep going.
    Successfully sued Ryanair in 2013/14...and have been 'helping' litigants since then.

    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.
  • and I thought we were having a holiday for a few weeks, get your Ryanair claims in, and get any stays lifted NOW!!

    Good luck

    NoviceAngel
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Smudge's_Lot
    Smudge's_Lot Posts: 84 Forumite
    First Anniversary First Post
    edited 17 September 2015 at 2:16PM
    I am afraid that as I work for an airline,this will only be self defeating.

    Does anybody out there think that paying say £100 for a flight should then be entitled to £300 compensation when a crucial part on the plane fails for whatever reason?

    Do you get compensation from National Express coaches when a coach gets a tyre puncture and you are delayed?

    Do you get compensation that is 3 times your ticket cost for when your train is delayed by strong winds bringing down power cables?

    Parts can and do fail and yet with the strongest safety ethic in almost any industry,do you think some airlines will now just go ahead and fly rather than delay the flight so they are not liable for compensation......

    Is your £300 worth that risk that has been imposed by the ECJ.??

    The compensation culture will only mean that businesses will increase costs,and guess who ends paying that-look at car insurance-part of everyone's insurance pays for the sore neck culture out there,so with airlines,fares WILL go up and some airlines WILL cut corners

    Is that what we want?
  • 111KAB
    111KAB Posts: 3,645 Forumite
    First Post Combo Breaker
    No what we want is an efficient punctual flight and I for one do not mind paying the 50p extra per person per flight as proven by Jet2's own figures in respect of the cost to them for 261/2004 claims.
  • I am not suggesting that Jet 2 would cut corners but some airlines WILL because the flood gates have been opened by the ECJ which means they will have to pay out if a technical fault affects the flight-do you think your extra 50p guarantees that no part will fail-no,that's the nature of machines!does everybody's car run faultlessly every day,every year,even with servicing,does your car run with no defects-ever?
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