Have I got a right to compensation?

[Deleted User]

Bit of an update.. I have been emailing Kuwait with this new information and it has taken weeks for a reply. They sent one last night which is pasted below... is what they are saying correct?


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The European Commission Notice issued in Brussels on 10 June 2016 gave Interpretative Guidelines on Regulation (EC) No 261/2004!, and we would like to refer you to Article d. C. vii under section 4. Passenger rights which clearly states:
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In accordance with Article 3(1)(a), passengers who missed a connection within the EU, or outside the EU with a flight coming from an airport situated in the territory of a Member State, should be entitled to compensation, if they arrived at final destination with a delay of more than three hours. Whether the carrier operating the connecting flights is an EU carrier or a non-EU carrier is not relevant.
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Consequently, it is denied that EC Regulation 261/2004 (!!!8216;the Regulation!!!8217;) is applicable to the circumstances of your claim because you did not misconnect in Kuwait and your delayed arrival was due to the fact that your flight Kuwait -! Manila departed late.
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In addition, the facts in your case is distinguishable from Folkerts on the following basis:
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(1)!!!! Folkerts concerned an EU carrier (Air France). By Article 3(1)(b), the Regulation may concern itself with events outside the EU only where the operating air carrier is a community carrier, within the meaning of the Regulation.
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(2)!!!! Folkerts is merely authority for defining the term !!!8220;final destination!!!8221; within Article 2 of the Regulation. It does not override the principle that, firstly, it must be established that the Regulation in fact applies (i.e. the causative event has taken place within the EU or for events occurring outside the EU, the operating carrier must be a community carrier, within the meaning of the Regulation) and in this case the carrier is a non-Community carrier and! your delay was caused by a delay to your flight from outside the EU i.e KWI-MNL

JPears

Err, no they are still !!!!!!!!ting you again.
Partly what the Gahan case established/confirmed was the concept of the journey in respect of final destination and the time of arrival, irrespectuive of it being in the EU or not.
Emirates and other non eu airlines are and will continue to smart from this and the EU judgement just announced:
https://www.bottonline.co.uk/blog/connecting-flights-outside-eu-now-claimable


It is time to stop playing the Emirates dance

Its time to send and NBA with 14 days notice then issue your court papers.