FlyerTalk Forums - View Single Post - The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004
Old Mar 23, 2021, 7:16 am
  #66  
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Originally Posted by Hannibal Lecter
This should be of interest even if the particular case doesn't involve BA

Court of Justice of the European Union PRESS RELEASE No 44/21 Luxembourg, 23 March 2021
A strike organised by a trade union of the staff of an air carrier that is intended in particular to secure pay increases does not fall within the concept of
an ‘extraordinary circumstance’ capable of releasing the airline from its obligation to pay compensation for cancellation or long delay in respect of the flights concerned

That is so even if the strike is organised in compliance with the conditions laid down by national legislation
https://curia.europa.eu/jcms/upload/...cp210044en.pdf
BA flights are covered by the EU regulation if the flight departs from an EU country. The recent ruling is applicable to such flights.

Other BA flights are not covered by the EU regulation but by a British law which seeks to duplicate the EU regulation. Would such flights be subject to this ruling? The ruling was delivered after the end of the Brexit transition period, but the matter started in a Swedish court in 2019 and it seems that the case was deferred to the European Court of Justice in January 2020 right before the UK left the EU. I thought that recent EU court rulings wouldn't apply to the UK, but maybe it depends on the flight date or the date on which the case was sent to the European Court of Justice?
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