Emirates Missed connection at DUBAI refusing compensation EC 261
Mar 25, 2018, 4:58 am
#31
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https://www.flightglobal.com/news/ar...ompens-446871/
Emirates has been refused leave to appeal against the judgement ordering them to pay up over flights such as these. Any updates from people who have tried? Until now they have simply sent me canned refusals against my attempt to claim for a flight ex-AMS.
Emirates has been refused leave to appeal against the judgement ordering them to pay up over flights such as these. Any updates from people who have tried? Until now they have simply sent me canned refusals against my attempt to claim for a flight ex-AMS.
Mar 26, 2018, 2:07 am
#32
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Just on jurisdiction, I think non EU carriers may find it difficult to deny jurisdiction if the ticket was purchased in the EU.
There is sufficient nexus as to the location of formation of the contract to invoke jurisdiction IMHO.
There is sufficient nexus as to the location of formation of the contract to invoke jurisdiction IMHO.
Mar 26, 2018, 2:12 am
#33
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I don't see why it makes any difference. Either the journey is one covered under regulation or it is not - place of purchase makes no difference
Mar 26, 2018, 5:43 pm
#34
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The application of EC261 is only available if the airline submits itself to the jurisdiction of EU law.
There is therefore IMHO no argument available to non EU airlines in respect of the application of EC261 to tickets purchased in the EU which someone posted up above non EU airlines were trying as a defence. That’s the point I was making.
Where do airlines voluntarily submit to jurisdiction of the EU? Presumably this is by way of accepting terms of landing rights etc
Mar 26, 2018, 6:32 pm
#35
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EC261 is only enlivened if jurisdiction is itself enlivened. EC261 is a creature of statute and not jurisdiction itself.
The application of EC261 is only available if the airline submits itself to the jurisdiction of EU law.
There is therefore IMHO no argument available to non EU airlines in respect of the application of EC261 to tickets purchased in the EU which someone posted up above non EU airlines were trying as a defence. That’s the point I was making.
Where do airlines voluntarily submit to jurisdiction of the EU? Presumably this is by way of accepting terms of landing rights etc
What they have tried to argue is that EU261 can only apply as far as the first non-EU point, that is, that you look at individual flights, not the journey.
But that’s not based on place of ticket purchase.
Mar 29, 2018, 4:34 am
#36
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If you end up making a claim through a 3rd party, do you end up on any type of black list that the airline manages? I ask because in this day of meta-data on everyone, could there eventually be negative consequences in trying to purchase future tickets with the airline?
Mar 29, 2018, 4:40 am
#37
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If you end up making a claim through a 3rd party, do you end up on any type of black list that the airline manages? I ask because in this day of meta-data on everyone, could there eventually be negative consequences in trying to purchase future tickets with the airline?
Mar 29, 2018, 5:25 am
#38
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Hi kalashinikov, I read through your case and would like to give you some information about claiming compensation for missed connection flights. EU Rule states that passengers that miss a flight connection because their previous flight was delayed have right to claim compensation. However, compensation can be claimed only when the connecting flights are part of a single contract of carriage (If the flight is booked in the same leg). Now that you've got a reply from Emirates, I wish you luck and hope that you can get compensated.
I hope my answer helped.
I hope my answer helped.
Last edited by Clarke_Barry; Mar 30, 2018 at 3:46 am Reason: Corrections
Apr 24, 2018, 2:54 am
#39
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So as the thread originator i wanted to break from norms. And give you the ending to this long-winded affair with emirates.
Long story short... they paid my legal costs + 600 Euro x 4 for all travelling party members. Money in the bank. Thanks for all the contributions.
have a nice day.
Long story short... they paid my legal costs + 600 Euro x 4 for all travelling party members. Money in the bank. Thanks for all the contributions.
have a nice day.
Hi kalashinikov, I read through your case and would like to give you some information about claiming compensation for missed connection flights. EU Rule states that passengers that miss a flight connection because their previous flight was delayed have right to claim compensation. However, compensation can be claimed only when the connecting flights are part of a single contract of carriage (If the flight is booked in the same leg). Now that you've got a reply from Emirates, I wish you luck and hope that you can get compensated.
I hope my answer helped.
I hope my answer helped.
Apr 24, 2018, 3:35 am
#40
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So as the thread originator i wanted to break from norms. And give you the ending to this long-winded affair with emirates.
Long story short... they paid my legal costs + 600 Euro x 4 for all travelling party members. Money in the bank. Thanks for all the contributions.
have a nice day.
Long story short... they paid my legal costs + 600 Euro x 4 for all travelling party members. Money in the bank. Thanks for all the contributions.
have a nice day.
EK is still fighting missed connections out of other EU ports 
Jul 21, 2018, 1:05 am
#42
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Indeed, because it was the UK supreme court which refused leave to appeal. I reckon they won't worry too much about having to pay out ex-UK now (it just recently took a mere two days to get my friendly approval reply for a claim for EUR600.- from EK) as this will necessarily end by April 2019. So for them the big difference will be to try to fight ex-EU for the long-run...
Jul 21, 2018, 1:23 am
#43
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Indeed, because it was the UK supreme court which refused leave to appeal. I reckon they won't worry too much about having to pay out ex-UK now (it just recently took a mere two days to get my friendly approval reply for a claim for EUR600.- from EK) as this will necessarily end by April 2019. So for them the big difference will be to try to fight ex-EU for the long-run...
well people with missed connections from uk better get there speed boots on with regard to putting in a claim. Things could change very soon
Jul 21, 2018, 6:25 am
#44
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Switzerland, by way of example, is not a Member State, but has enacted the Regulation as part of Swiss law. The otherwise precedential decisions of EU courts do not bind Switzerland, but the Regulation, as written and interpreted by Switzerland does.
More than likely that EC 261/2004 and its interpretations by UK courts will continue to apply.
Jul 21, 2018, 7:11 am
#45
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While it is the least of the issues which the UK confronts as the result of Brexit, I am not certain why anyone would speak with such certainty as it seems clear that should Brexit proceed, there is no dispute but that the UK will "domesticate" existing EU laws such as EC 261/2004.
Switzerland, by way of example, is not a Member State, but has enacted the Regulation as part of Swiss law. The otherwise precedential decisions of EU courts do not bind Switzerland, but the Regulation, as written and interpreted by Switzerland does.
More than likely that EC 261/2004 and its interpretations by UK courts will continue to apply.
Switzerland, by way of example, is not a Member State, but has enacted the Regulation as part of Swiss law. The otherwise precedential decisions of EU courts do not bind Switzerland, but the Regulation, as written and interpreted by Switzerland does.
More than likely that EC 261/2004 and its interpretations by UK courts will continue to apply.