Case C-344/04 is indeed persuasive for providing the aforementioned remedies. However, it is still unresolved
as to an extraordinary circumstance or the application of that defence thereof. I would confine that case to
its particular facts.

I am of the opinion that the ash cloud clearly fell within the exception and airlines were well within their rights
to rely on this defence. Clearly the drafters intended for there to be an exception otherwise they would not
have included one. Only be making a test case can the ambiguity be resolved.

Perhaps there is case law on EC 261/2004 or its predecessor, EEC No 295/91, that has explored the issue of
a meteorological event. Strictly speaking as this is not my area of practice, I do not know of any.

H