If your AF flight is cancelled this holiday season, read this.
Dec 22, 2008, 9:39 am
#1
Original Poster
Join Date: Sep 2005
Location: The World
Posts: 113
If your AF flight is cancelled this holiday season, read this.
If your AF flight is cancelled this holiday season, you need to read this.
A very important ruling was just handed down by the European Court of Justice in relation to EU Regulation 261/2004 which governs compensation for cancelled flights (and assistance for delayed flights). Some airlines (not necessarily AF) argued that in the face of "extraordinary circumstances", they were entitled to deny compensation due under the EU Reg. The Court now explained (in part) what are (not) "extraordinary circumstances" within the meaning of the Regulation.
In relation to cancelled flights, the Court ruled today (12/22/2008):
1) Technical problem in an aircraft which leads to the cancellation of a flight is NOT covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, UNLESS that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control.
2) The frequency of the technical problems experienced by an air carrier is not in itself a factor from which the presence or absence of ‘extraordinary circumstances’ within the meaning of Article 5(3) of Regulation No 261/2004 can be concluded.
3) The fact that an air carrier has complied with the minimum rules on maintenance of an aircraft CANNOT in itself suffice to establish that that carrier has taken ‘all reasonable measures’ within the meaning of Article 5(3) of Regulation No 261/2004 and, therefore, to relieve that carrier of its obligation to pay compensation provided for by Articles 5(1)(c) and 7(1) of that regulation.
This is an extremely important decision as the Paris Court of Appeal took a more generous view leaning towards air carriers in the summer of 2008. That case-law will need to be re-visited in the light of the ECJ's judgment.
This new judgment will be extremely helpful for all air passengers within the reach of the EU Reg.
The ECJ ruling is within the spirit of the EU Reg.
Remember, that the amount compensation you may claim under the EU Reg. comes within the jurisdiction of the "Juge de Proximité" in France. It's a fast and cheap judicial process, should you have trouble obtaining the compensation you may lawfully claim under the EU Reg. (and provided, of course, your case falls within the provisions of the Reg).
A very important ruling was just handed down by the European Court of Justice in relation to EU Regulation 261/2004 which governs compensation for cancelled flights (and assistance for delayed flights). Some airlines (not necessarily AF) argued that in the face of "extraordinary circumstances", they were entitled to deny compensation due under the EU Reg. The Court now explained (in part) what are (not) "extraordinary circumstances" within the meaning of the Regulation.
In relation to cancelled flights, the Court ruled today (12/22/2008):
1) Technical problem in an aircraft which leads to the cancellation of a flight is NOT covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, UNLESS that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control.
2) The frequency of the technical problems experienced by an air carrier is not in itself a factor from which the presence or absence of ‘extraordinary circumstances’ within the meaning of Article 5(3) of Regulation No 261/2004 can be concluded.
3) The fact that an air carrier has complied with the minimum rules on maintenance of an aircraft CANNOT in itself suffice to establish that that carrier has taken ‘all reasonable measures’ within the meaning of Article 5(3) of Regulation No 261/2004 and, therefore, to relieve that carrier of its obligation to pay compensation provided for by Articles 5(1)(c) and 7(1) of that regulation.
This is an extremely important decision as the Paris Court of Appeal took a more generous view leaning towards air carriers in the summer of 2008. That case-law will need to be re-visited in the light of the ECJ's judgment.
This new judgment will be extremely helpful for all air passengers within the reach of the EU Reg.
The ECJ ruling is within the spirit of the EU Reg.Remember, that the amount compensation you may claim under the EU Reg. comes within the jurisdiction of the "Juge de Proximité" in France. It's a fast and cheap judicial process, should you have trouble obtaining the compensation you may lawfully claim under the EU Reg. (and provided, of course, your case falls within the provisions of the Reg).
Jan 2, 2009, 1:11 pm
#3
FlyerTalk Evangelist
Join Date: Oct 2000
Posts: 14,352
Judgment of the Court of Justice in Case C-549/07 - Friederike Wallentin-Hermann v Alitalia
Johan