FlyerTalk Forums - View Single Post - F from BHX - chance of aircraft substituion?
Old Aug 29, 2015, 7:08 am
  #25  
eternaltransit
 
Join Date: Nov 2013
Posts: 5,454
Originally Posted by subject2load
Can't remember whether it was here or over on the BA forum, but some time ago there was a poster (with seemingly professional legal expertise) who stated that there was a proposed amendment to EU261 currently 'on the table' and that - if eventually enacted - would swing things back firmly in the favour of carriers by specifying beyond doubt that any 'downgrade' refunds would apply on a purely per sector basis, rather than calculated against full fare as paid for the entire journey. If you take a dispassionate view (and set aside any rosy thoughts of personal profit ....!!) then this would seem more balanced & sensible.

That said, the most recent Court ruling involving EU261 did favour the consumer and in very clear fashion, as many members will have heard/read. It was about delays rather than downgrades .....Ryanair had pleaded that the 6 year rule on retrospective claims be reduced to two ; they lost their case but I believe are considering an appeal of the decision.
I'll believe the clarifications when I see it

EK strangely enough are willing to take things all the way to the ECJ (http://curia.europa.eu/juris/documen...587&doclang=EN) and the Court was reasonably favorable to EK, so who knows, maybe we'll see something in the next few years!
eternaltransit is offline