FlyerTalk Forums - View Single Post - The BA Compensation Thread: Your guide to Regulation 261/2004
Old Jan 8, 2015, 6:21 pm
  #1893  
NickB
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Originally Posted by UKtravelbear
Whether you think weather like fog is a weekly event or not it is an exemption laid down in EU261
Actually, exactly how far Reg 261/2004 reaches in relation to meteorological conditions has never been tested before the CJEU. It would certainly be arguable that the meteorological event would need to be of a sufficient gravity/unusual character for it to constitute an extraordinary circumstance.*
So I would not say that Reg 261/2004 explicitly provides a blanket defence for all weather-related events. That said, though, I would not necessarily recommend taking up that fight all the way to the CJEU to test the argument.

*: especially as the exact wording of the preamble speaks of "meteorological conditions incompatible with the operation of the flight concerned", rather than meteorological conditions affecting flight operations in general.
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