FlyerTalk Forums - View Single Post - Involuntary Downgrade from First to Club due to change of aircraft.
Old Feb 13, 2021 | 4:55 am
  #51  
Prospero
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Originally Posted by corporate-wage-slave
I am not a lawyer, but in my view the Mennens Formula applies in full, which essentially allows airlines to retain taxes that have to be paid, rather than giving a flat 75% or whatever, Details are in the wiki of the EC261 thread, but here is a direct link to some worked examples:

https://www.flyertalk.com/forum/26864509-post636.html
Thanks. Yes, I see that the Mennens versus Emirates judgement added clarity in terms of the reimbursement calculation. However, in terms of qualification item 27 would indicate that the Mennens formula applies where the passenger ends up in a cabin class lower than ticketed. So the situation with retickets is as murky today as it was when EC261 was introduced, because an airline can argue that it is obligated to provide carriage in the class of travel to which the passenger is ticketed at the time of check in.
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