FlyerTalk Forums - View Single Post - OT Ruling due on EU compensation for delays
Old Oct 23, 2012 | 4:43 pm
  #51  
orbitmic
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Originally Posted by NickB
It was already the law yesterday. The fact that some were not 100% sure of it did not stop it from being the law.
+1. For most of the industry and observers alike there was very limited suspense and there is no surprise. The courts will now be in a position to finalise their rulings in all the cases that had been suspended awaiting the ECJ's decision.

I find the earlier comments about the ECJ not defining 'extraordinary circumstances' a bit paradoxical. Firstly, on this occasion, this was not what the Court was asked to rule on. These were preliminary questions so the Court could simply answer them and not add additional questions of its own making. Secondly, the very nature of something extraordinary is that well - it is not ordinary, and it is thus difficult or impossible to pre-empt an exhaustive list of what such circumstances might include. There are, however, a large and growing body of Court decisions which have specified what cannot be considered extraordinary circumstances (some of which have been discussed on this forum) and in my view, this is a reasonable approach to this difficult question. It is expected that if the regulation is revised, it may include more details as to what can and cannot be considered extraordinary circumstances but that would be for the EP to specify the text of the regulation and regain some ground in bounding this particular concept.
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