Originally Posted by
Porky Speedpig
Far be it from me to argue with CWS - it feels like telling The Pope that there is no Saviour - but having appeared as expert witness in court around Europe for years I can say with some confidence that the vast majority of judges/panels etc will accept the "first pax door open" time.
That would be incompatible with
Germanwings v Henning, the operative part of the judgment states:
“In the light of all of the foregoing considerations, the answer to the referring court’s question is that Articles 2, 5 and 7 of Regulation No 261/2004 must be interpreted as meaning that the concept of ‘arrival time’, which is used to determine the length of the delay to which passengers on a flight have been subject, refers to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft..”
Bolding mine for emphasis.