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Old Nov 15, 2017 | 3:34 pm
  #45  
eternaltransit
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Originally Posted by diamantaire
I think they lost the appeal as headline mentions, which means the initial judgement was in the favor of the pax.

also here is another detailed link to the same case

http://www.hfw.com/EU261-English-Cou...s-October-2017


and the initial case:
https://gettingthedealthrough.com/ar...2612004-appeal
The reasoning in that case is that the sanction of EC261 applies in respect of the first flight only (that is, MAN-DXB, to resolve the extra-territorial element), but that the level of compensation is to be determined with respect to time of arrival in the final destination on the journey - the ECJ already ruled that flights are independent in Emirates v Schenkel: http://eur-lex.europa.eu/legal-conte...:EU:C:2008:400

That is to say, EC261 would not apply on the return journey back to the EU at any stage, as none of the flights are in the scope of the regulation, but when the journey has a flight in the scope of the regulation (such as an ex-EU departure), then the final arrival at the end of that journey is what matters, no matter if that ultimate destination is outside the EU.
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