FlyerTalk Forums - View Single Post - SAS and EC261/EU261 Claims [Merged Discussions]
Old Jul 18, 2024 | 7:03 pm
  #270  
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Originally Posted by oberwolfach
Certainly, I get that the UK decision is not binding elsewhere. One difficulty is that there really is not a very good chain of binding precedent in most issues related to what are and are not "extraordinary circumstances". The UK ruling is just the easiest to find without having to dig into sheaves of historical documents, and it's hard to systematically collect information on past decisions. From what I've seen, a medical diversion may be an "extraordinary circumstance" on the flight that was diverted, depending on the details and who's adjudicating it. It's not an "extraordinary circumstance" for the subsequent flight unless the airline took "all reasonable measures" to avoid the delay.

On sending another plane, my thought is that it is reasonable to expect a business operates with spare capacity at a hub like OSL, and when the airline was informed the plane from OSL to LYR was diverting back, it could have sent a different plane with a different crew without passengers to LYR so the delay on LYR to OSL would end up being only 1-2 hours rather than 4. I don't see why this could not have happened before the diverted plane returned to OSL, unless the airline didn't have a spare plane and crew at one of its hubs.
I can easily see why it did not happen. As they would have to fly an empty plane to LYR with one back up crew, and after the diversion send those passengers to LYR with another back up crew, and then operate an empty flight back to OSL.

But whether that excuses them from EU261 is another thing. The claim agencies have a lot of data on flights, and typically you can get a quick feedback on whether they will take the case, if they won't, they it is because they know it is a lost cause. This can be done online. If it was me, I'd object to the rejection directly to SK, if they don't relent, I'd probably go for an agency.
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