Originally Posted by
deissi
Unfortunately paul00's advice regarding Trafi's decision is incorrect. Under Finnish law, Trafi does not have the power or jurisdiction to issue decisions regarding EU261 compensation that would be compelling on Finnair. Trafi can only issue recommendations. This also applies to KRIL.
If one wants to get an enforceable ruling, the only possibility is to sue Finnair before a the District Court of Vantaa (where Finnair's headquarters are) or Helsinki (where Finnair is domiciled). Other courts (even abroad) may also have jurisdiction as well depending on the case.
Perhaps I should have been a bit clearer. When I wrote that Finnair should respect Trafi's decision, I was just stating my view that Finnair should respect the opinion of Trafi as the official National Enforcement Body (NEB) in Finland, which decided in favour of
ce92. You are right to note that Trafi's decision is not directly legally enforceable (in that it is not possible to go to the Vantaa Enforcement Office bailiff to seek its enforcement), but Trafi is empowered by the Finnish Civil Aviation Act (1194/2009) to issue financial penalties or orders of execution against Finnair for its failure to respect Reg 261/2004 (although I am not aware that it has made use of such a power thus far).
Originally Posted by
loimu
This doesn't mean that you couldn't still bring this to Trafi's attention and ask them to act. And even if Trafi wouldn't be legally obliged to take actions with an individual case, they should do so over time if there's a pattern of AY not following the (EU) legislation.
Yes, it would be a good idea to get in touch with Trafi again to inform them about Finnair's failure to comply with its decision. Perhaps they may follow-up on this with Finnair.