Originally Posted by
Courmisch
IANAL but AFAIU, European directives are not laws. They are requirements and guidelines for country-specific laws. So presumably Finnair was found to violate the Finnish country-specific implementation law of EC261, not EC261 per se.
I knew many regulations are like that (need for national implementation) but are this one so too?
IIRC the current ruling ("maintenence performed according to manufacturers instructions
does not equal all tech issues can be considered extraordinary") was made by an EC-court and therefore valid across the union.
But I am far from sure.
Originally Posted by
Courmisch
If you'd find that the Finnish legal system failed to enforce EC261, then I guess you'd have to take the Finnish government, not Finnair, to the European courts.
Yes, that was what I was getting at in any case. It would be a bizarre setting if Finnish implementation would free airlines based in Finland from responsibilities when other are accountable.
In such a situation, I guess any competing airline would be happy to sue Finland if the commision is slow to react.