FlyerTalk Forums - View Single Post - UK Supreme Court : Lipton v BA City Flyer, pilot falls ill - BA loses appeal
Old Jul 10, 2024 | 8:54 am
  #103  
stifle
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Originally Posted by Arctic Troll
EU261, as passed, made lots of references to delay compensation under articles 6, 7, and 8 of the regulation. You can read it here: https://eur-lex.europa.eu/legal-cont...X%3A32004R0261
Not at all. Article 6 says in case of delays passing the necessary duration, passengers become entitled to care, and later to abandonment. Article 7 defines the compensation entitlements for denied boarding and cancellation as referred to in articles 4 and 5. The only connection in the legislation as made between articles 6 and 7 is that they are consecutive.
Originally Posted by Arctic Troll
What the ECJ has done is what happens with any judicial system with any ambiguity in a law. They clarify that ambiguity.
There was no ambiguity. Delay compensation was never envisaged. It was created out of whole cloth by the ECJ.
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