Centipede100 wrote: »
I would counter the airline's assertion with the ECJ ruling in the Cuadrench More v KLM case which applies directly to this issue (see the link in the FAQs).
In this judgment the ECJ ruled specifically that the time limit in the MC does not apply to claims brought under 261/2004 and that the time limit which is applicable is the one in the EU member state where the action is brought.
As you correctly surmise, that limit is 5 years in Scotland. Since you are claiming under an EU Regulation, ECJ rulings are absolute and take precedence on this matter and therefore any National ruling (even one from the Supreme Court) cannot be regarded as the appropriate judgment.
I would write to the court and copy in the airline with your response.
ponkysnonky wrote: »
We had a lovely week in France in 2008. However, on our return flight the Ryanair plane landed at Carcassonne Airport, taxied to the airport and then hit it (the airport!) with its wing.
Numerous engineers came out to look at it, pictures were sent back to UK etc, eventually another plane sent from UK and picked us up and flew us back to Stanstead.
Around 12hr delay. Can see this info on Flight Status website.
is it worth claiming on this?
or does this fall into the exception circumstances beyond it's control?
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