FlyerTalk Forums - View Single Post - When easyJet want to avoid EU261 compensation
Old Sep 29, 2018, 1:25 pm
  #35  
Often1
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Join Date: Aug 2010
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Originally Posted by Some person
That's why I wrote that "It is unclear what "under comparable transport conditions" means." It may well be that the conditions are not comparable if the carrier is not the same as the one originally booked.

If the carrier doesn't fulfill its rebooking obligations, the passenger would normally be entitled to compensations. Ideally, the obligations should be tested in court so that people will know what rights they have. However, it could be expensive for the passenger to test this if the passenger is wrong, so it's better if it is tested by "someone else" who would then be the one who risks having to pay a large amount of money.
Just to be clear, this is a very common scenario, yet here we are at the end of 2018, and this issue has not yet been tested. Or it has been tested and nobody has taken it to the ECJ or a national precedential court.
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