FlyerTalk Forums - View Single Post - The 2024 BA compensation thread: Your guide to Regulation EC261 / UK261
Old Oct 30, 2024 | 9:35 am
  #2207  
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Originally Posted by stephmak
My ticket said AA136 sold as BA1509 so booked as a codeshare. Does this make any difference to getting compensation? AA have repeatedly said it's BA's responsibility. I have asked to see from both of the airlines the area of the policy where it says they are not responsible and both have failed to provide it.
In overall terms, flying AA into the UK isn't covered. However there is a limited amount of case-law, notably Case C-367/20 SP v KLM Royal Dutch Airlines. That specifically would need a BA flight after the AA fligh but that creates a solid argument. There are several other cases including CS And Others v České aerolinie a.s. and Q and Others v United Airlines (2022) that also shift the dial more firmly on to AA initially to pay compensation and BA failing that (and charging AA for this under Article 13). Now I don't want to give you the impression this is easy and it is for certain that neither BA nor AA are going to resolve this for you. You would need CEDR or MCOL, probably on appeal, to work thought this. Moreover the 2022 judgement is subject to the Brexit status of APR so at least in theory the UK courts could reject the United case - though I personally think it's unlikely. In the case of CEDR you would need to specify these cases for them to consider the issue.
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