Originally Posted by
Ldnn1
Originally Posted by
Jambon87
The best way too look at it or the way I looked on it when I worked in a bank, is the bank will return your account to a place before the transaction was made ...
You seem to be talking about chargeback, which is different to the s.75 liability and a different process.
Section 75(1) says:-
If the debtor ... has ... any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
The reason that I'm inclining to agree with the answer "no" is because it seems arguable that a claim against the supplier under 261/2004 is neither a claim in respect of a misrepresentation, nor a claim in respect of a breach of contract, but is a claim for statutory compensation.
The circumstances in which the 261/2004 claim arises may amount to a breach of contract by the supplier (failing to supply the transport contracted for), and the 261/2004 liability may be a consequence of the same circumstances as gave rise to the breach of contract, but that doesn't itself make the 261/2004 claim "in respect of" a breach of contract.