FlyerTalk Forums - View Single Post - Court of Appeals rules Finnair must pay compensation for delays due to techicals
Old Mar 10, 2015 | 8:06 am
  #20  
tnurminen
 
Join Date: Mar 2015
Posts: 2
Finnairīs arguments

Finnair argued that there was a hidden manufacturing defect. ECJ has ruled that hidden manufacturing defect is considered extraordinary circumstance if there is official notification from aviation authorities or the manufacturer. FAA, EASA and Finnish Aviation Authority Trafi all testified, that there has been no hidden manufacturing defect. Also Honeywell which manufactured the cabin pressure valve which caused the delay confirmed there has been not a single case of hidden manufacturing defect.

Basically Finnairīs claim was rejected by 3 leading aviation authorities as well as the manufacturer as being completely false and unsubstantiated. As the court stated in the ruling bluntly, Finnair has failed to prove that delay was caused by extraordinary circumstances. Court also considered this to be within normal operations of Finnair because Finnair had A) spare part in inventory B) had mechanics who easily fixed the problem in two hours C) had clear written procedures how to act if this exact technical fault happened. Its impossible to Finnair argue that this was an "act of god" type event, when they had prepared for this specific fault with spare parts, personnel and procedures. Only reason why Finnair is fighting this case is because I was first one in Finland to take this to court and they thought it would make a perfect precedent. What they failed to count on is that I am a pilot, I know aviation regulations, I know about technical defects and I have lot of friends who have worked for Finnair in the past who were happy to provide anonymously advice.

Last edited by tnurminen; Mar 10, 2015 at 8:14 am
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