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Old Aug 3, 2023 | 3:38 am
  #38  
8420PR
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Originally Posted by chris63
It was D-AISW that overnighted at MAN on 31st, should have departed 05.55 but left at 07.41, weather at MAN was fine the MUC flight left ontime.

Knock on effects for a flight from their Hub are not a valid excuse, they should have other aircraft.

I had a similar delay ex MAN once, late arrival of crew from downtown Manchester hotel…..
The ECJ has ruled in 2021 that airlines do NOT have to pay compensation for knock on effects from previous flights that were disrupted by extra-ordinary circumstances. In the specific case it was Austrian Airlines from VIE to BER where the extraordinary circumstance was 3 flights back - there is no mention of the fact the delayed flight was from their hub in the ruling.

Originally Posted by ECJ
In the light of the foregoing, the answer to the fifth question is that Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that, in order to be released from its obligation to pay compensation to passengers in the event of long delay of flights in arrival, an operating air carrier may rely on an extraordinary circumstance which affected not that delayed flight but a previous flight operated by that carrier using the same aircraft at aircraft turnaround three flights back in the rotation sequence of that aircraft, provided that there is a direct causal link between the occurrence of that circumstance and the long delay of a subsequent flight in arrival, which is for the national court to determine, taking into account, inter alia, the way in which the aircraft at issue is operated by the operating air carrier concerned.
Source: https://eur-lex.europa.eu/legal-cont...EX:62019CJ0826
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