Originally Posted by
Nick Art
So my suggestion to you would be that you answer them telling them you will legally go forth in the UK (since your flight arrived in the UK, the UK has jurisdiction just as much as Switzerland) and hence the EU court decision of 2009 regarding seeing delay equal as cancellation is applicable.
Swiss law (including the ruling of Bülach from 2016) has no jurisdiction for a court case in the UK and can therefore be disregarded.
Maybe also include that technical faults are not regarded as per the court decision of the EU.
Swiss will point out that they are not an EU-carrier, and that by flying into the EU they are not directly bound to EU261. They are only bound through the Agreement between the European Community and the Swiss Confederation on Air Transport (sry, cannot link as a new user). The agreement dictates:
For this purpose, the provisions laid down in this Agreement as well as in the regulations and directives specified in the Annex shall apply under the condition set out hereafter. Insofar as they are identical in substance to corresponding rules of the EC Treaty and to acts adopted in application of that Treaty, those provisions shall, in their implementation and application, be interpreted in conformity with the relevant rulings and decisions of the Court of Justice and the Commission of the European Communities given prior to the date of signature of this Agreement.
EU261 was added to the Annex October 18, 2006 (again, cannot link to the decision). Therefore, EU261 should be interpreted according to the rulings at that time, and not to later rulings, even by a UK judge.