Originally Posted by
seagull88
21. This is an important consideration in the present case because passengers who are re-routed on a flight that arrives more than four hours earlier than their originally-booked flight experience the same damage as those who are rebooked onto flights that arrive more than four hours later than their originally-booked flight, as long as their flight also departed more than four hours earlier than their originally-booked flight was scheduled to depart. That is, both types of passenger experience the inconvenience resulting from a loss of time – one experiences this loss of time due to boarding the aircraft early, while the other experiences it due to departing the aircraft later, but both experience the same loss from the same cause.
22. The CJEU has, however, emphasised that it is precisely this inconvenience for which Regulation 261 is intended to provide compensation. It would, therefore, violate the principle of equal treatment to grant passengers in the first group less compensation than would be granted to passengers in the second group.
23. As a result, I find that the Airline may not reduce compensation to passengers who are owed compensation under Article 7(1)(c), but are rebooked onto flights that depart more than four hours earlier than their originally scheduled flight and arrive more than four hours earlier than their originally scheduled flight.
24. Consequently, the Airline must pay the Passenger compensation of €600.00 for the cancellation of the Flight.
This is interesting, and if were BA I would be settling these claims before going to CEDR. The logic deployed is immaculate, but it simply isn't what is in the Regulation, moreover I do see some justification why these scenarios could be treated differently - though I better not cloud the issue with that now. In plain person's language the Regulation has treated early arrivals as less painful than late arrivals but this adjudicator has said that's not equal treatment. This may be sustained in a higher court given the principles deployed. Either way BA may be walloped for more than it thinks if it's not careful.