Interesting case re delay on connecting flights

Caz3121

Much has been discussed on here re situations where first flight was on time but second flight, generally outside the EU and potentially on a different airline would/should be treated
Interesting case here - https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-07/cp190095en.pdf
I wonder whether this will result in less connecting flights being offered in the future or airlines suing each other behind the scenes.

Justice13075

How ironic if we saw Airlines suing Airlines for arriving late when Airlines at present do anything they can to stop passengers from getting compensation for arriving late.

Tyzap

Good find Caz.

I would imagine that they all need to write something into their code share agreements with each other now, if it isn't in there already.

Nice to get some clarity on this scenario tho:)

Caz3121

Tyzap wrote: »

Nice to get some clarity on this scenario tho:)

indeed - a blog article from today
https://www.godsavethepoints.com/eu261-2019-court-ruling-codeshare-delayed-flights/

Nick_C

Very interesting, but very hard on the EU airline operating the connecting flight. I'm not sure this is a fair law. If it does mean airlines stop offering connections in some circumstances, then it is passengers who will suffer.

Justice13075

Nick_C wrote: »

Very interesting, but very hard on the EU airline operating the connecting flight. I'm not sure this is a fair law. If it does mean airlines stop offering connections in some circumstances, then it is passengers who will suffer.

Very Interesting but very hard on passengers who have valid claims for compensation rejected by the Airlines in the hope you will accept their decision and go away saving them lots of money then passengers having to take Airlines to the small claims court before they pay up. If they go down the route of making passengers make a second booking for the flight outside of the EU to a country also outside of the EU it will be a 10-minute thing. Much more upheaval for the Airlines trying to get around this case.

Nick_C

Airlines are businesses. They need to make profits to survive. And its a precarious business where even the best known companies fail, and those that survive only do so because their backers have confidence to support them in years when they are losing money.

Make the regulatory standards too high and you will drive more airlines out of business. We only have low fares because of thriving competition.

Justice13075

Airlines should also abide by the law in relation to flight compensation They should not be allowed to pick and choose who should get compensation. It is all laid out in EU261/2004 and case law.

Nick_C

Justice13075 wrote: »

Airlines should also abide by the law in relation to flight compensation

I completely agree.

Justice13075 wrote: »

It is all laid out in EU261/2004 and case law.

EU261/2004 is not at all clear. It is open to interpretation. That is why it has taken 15 years to get a ruling on this scenario. Case Law only comes about when a dispute about interpretation is settled in court.

Justice13075 wrote: »

They should not be allowed to pick and choose who should get compensation.

I disagree. I don't think airlines should be forced to pay compensation to passengers who don't suffer any loss or inconvenience. I also think that unless the passenger can prove quantifiable excessive losses, the amount of compensation should be limited to the price paid for the flight.

Justice13075

In relation to EU261/2004 we will just have to agree to disagree because this is the Law if you disagree with it that's fine but putting the onus on the passenger to prove quantifiable excessive losses when a delay or cancellation is not their fault, thank god for EU261/2004.

Extreamskier

In the recent Prague case or another case law example was the milage counted as the combined total of the two flights under one booking?

I was delayed in Apr by a failed Norwegian connection Edinburgh - Oslo - Narvik. While both flights are under 1000km, together they are well over 1500km. No flight was delayed more then 3 hours but a baggage issue In Oslo (not mine and we have the bag tags to prove it) meant we did not make the connecting flight and the alternative was more then hours latter.

If I’m due compensation would it be €400 as ‘the whole booking’ was over 1500km?

Also can the airline blame customs, or should they be obliged to pay me and then take the fight up with Oslo airport?