FlyerTalk Forums - View Single Post - Downgrade due to aircraft change next year
Old Apr 27, 2018, 7:24 am
  #18  
WorldLux
 
Join Date: Sep 2015
Programs: LH SEN; BA Gold
Posts: 8,408
Originally Posted by pauldb
Post 4 doesn't really give a definitive answer and merely indicates that there have been cases where BA's argument won. That doesn't really say much given that higher courts and the ECJ frequently enough overturn judgements on EU261. If the argument that a cancellation and subsequent rebooking in a lower class of travel amounts to a mere cancellation (rather than cancellation and subsequent downgrade), then the downgrade comp rules would be rather pointless. Considering how passenger friendly the ECJ is, it wouldn't surprise me if the ECJ would order BA to pay if it cancels a flight and rebooks on a substitute flight on the same date and with the same STD and STA.
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