Flight delay and cancellation compensation, Ryanair ONLY

blondmark wrote: »

When Ryanair brings this kind of hopeless appeal under Irish law, it potentially exposes consumers who win against them to the threat of paying a chunk of Ryanair's costs of appeal (think 'five figures').

I consider this tactic to be a dirty trick of the lowest kind, calculated to block consumer rights and prevent consumers who win their cases in Ireland from receiving a penny. Remember this is the airline that charges every consumer an unlawful 261/2004 levy.

If your Irish judgment is appealed by Ryanair then firstly you have to fly over and attend the appeal in person where the entire case is re-heard in open court - but this time up against Ryanair top counsel (think 'stepping into the ring with Tyson').

Secondly, under Irish law, you must pick up part of that hefty tab if the appeal succeeds. How lucky are you feeling now?

I've raised Ryanair's disgraceful ploy of trampling on consumer rights with the UK European Consumer Centre, who couldn't have been more helpful.

UK ECC hosted by the Trading Standards Institute | 1 Sylvan Court, Sylvan Way, Southfields Business Park, Basildon, Essex, SS15 6TH | T: +44 (0)8456 04 05 03 | F: +44 (0)8456 08 96 00 | E: ecc@tsi.org.uk | W: https://www.ukecc.net

If you want to sue Ryanair there is a way, but first:

1. Do not sue in Ireland - even under their small claims procedure.
2. Steer well clear of the Irish courts - they are not your friend.
3. In Eire the law couldn't be unfairer.

Instead complete THIS FORM:

Part 1. Court/Tribunal. Provided you're a consumer (not a business customer) you put the name of the English county court you are bringing your claim in. They will serve it for you in Ireland.

Many English county courts are not yet up to speed with the European Small Claims Procedure - Form A - so you may have to show them this: http://ec.europa.eu/justice_home/judicialatlascivil/html/sc_courtsjurisd_en.jsp?countrySession=4&#statePage0

The claim can be documents-based, everything takes place in England and no hearing is required. Because it's an English claim, there are very limited grounds for Ryanair to appeal, there will not be a re-hearing if they do, and you will not be asked to contribute any costs to Ryanair's appeal. In short, Ryanair won't appeal.

Under Part 3. the defendant's details are:

Ryanair Limited
Ryanair Corporate Head Office
Dublin Airport
Co Dublin
Ireland

Once you have a judgment, you will receive a certificate (European order for payment) that is valid in all the EU member states. You can then arrange with the Sheriff for Swords, Dublin to have it enforced, i.e. you send in the bailiffs.

I won my previous claim against Ryanair in Ireland and they paid out in full as there were no grounds to appeal (not even spurious ones). However this time I'm going the English route.

Today I received the standard Ryanair letter containing the usual nonsense "outside the control of the airline" so "extraordinary circumstances" and I responded here: http://dl.dropbox.com/u/103648071/Ryanair-3-redacted.pdf

Don't be put off suing Ryanair in England via the European Form A. Just make sure you have all your evidence together when they try on the inevitable "extraordinary circumstances" scam. Highlight every single point they raise in their defence and challenge each one.

blondmark wrote: »

Because Northern Ireland is part of the European Union, you can similarly complete Form A of the European Small Claims Procedure and file your claim in your local civil court (don't venture south of the border).

My posting above links to my letter responding to Ryanair. You should respond along similar lines.

Give them 14 days notice of proceedings and sue on the 14th day.

blondmark wrote: »

It's not entirely clear from this whether you've now issued proceedings and want to go a different route or whether proceedings were not issued because you are being told you have to attend court.

If the latter, you are free to issue proceedings using Form A, but if you have already issued proceedings via another route, then it would be an abuse of process to pursue an identical cause of action via a different court system.

blondmark wrote: »

Given that no litigation is guaranteed to succeed and no claim is without risk, both financial and emotional, then whether or not to see it through has to be a personal decision, and this is especially true where there is an overseas element involved. Perhaps this is what Ryanair counts on when lodging a hopeless appeal on grounds that have already been ruled against them by the ECJ, whose decisions are binding on all member states.

The Irish equivalent of the CAB can speak to you on the phone and probably give you the kind of local feedback you're looking for, free of charge, and from their own experience. You'll find them at citizensinformation.ie.

If they say that a written submission to the appeal is no greater potential risk of costs, however small, than non-attendance, then I'd be happy to draft your submission, if helpful.