Delayed flight
#31




Join Date: Sep 2008
Location: ANR, BELGIE
Programs: FB PLAT / EX BA GOLD
Posts: 482
Here is the version of the ec261:
http://eur-lex.europa.eu/resource.ht...C_1&format=PDF
-please read article 3 (scope)
-also if you can please find the article which exclude non community carriers
http://eur-lex.europa.eu/resource.ht...C_1&format=PDF
-please read article 3 (scope)
-also if you can please find the article which exclude non community carriers
#33




Join Date: Nov 2013
Posts: 5,482
Here is the version of the ec261:
http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF
-please read article 3 (scope)
-also if you can please find the article which exclude non community carriers
http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF
-please read article 3 (scope)
-also if you can please find the article which exclude non community carriers
Article 3:
This Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;
This Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;
(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
(that means, passengers departing from any airport, arriving in an airport of an EU state where the treaty applies, unless there was prior assistance given, but the operating carrier must be a community carrier).
Community carrier is defined in Article 2:
c) ‘Community carrier’ means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (1 );
Therefore, Emirates is only bound in respect of flights that satisfy condition (a) in Article 3, which is when their flights depart the territory of a Member State where the Treaty applies.
#34




Join Date: Oct 2015
Location: Economy, mostly :(
Programs: Skywards Gold
Posts: 7,791
Here is the version of the ec261:
http://eur-lex.europa.eu/resource.ht...C_1&format=PDF
-please read article 3 (scope)
-also if you can please find the article which exclude non community carriers
http://eur-lex.europa.eu/resource.ht...C_1&format=PDF
-please read article 3 (scope)
-also if you can please find the article which exclude non community carriers
Very first paragraph says community carrier. Look at definition of community carrier on left side of page.
#35




Join Date: Sep 2008
Location: ANR, BELGIE
Programs: FB PLAT / EX BA GOLD
Posts: 482
I have sent a mail to the concerned authorities,
Meanwhile I found this on their website:
http://europa.eu/youreurope/citizens...r/index_en.htm
Meanwhile I found this on their website:
http://europa.eu/youreurope/citizens...r/index_en.htm
#36




Join Date: Nov 2013
Posts: 5,482
I have sent a mail to the concerned authorities,
Meanwhile I found this on their website:
http://europa.eu/youreurope/citizens...r/index_en.htm
Meanwhile I found this on their website:
http://europa.eu/youreurope/citizens...r/index_en.htm
If you take a flight which arrives in the EU from outside the EU and is operated by an non-EU airline
NO, YOU DON'T HAVE ANY RIGHTS
NO, YOU DON'T HAVE ANY RIGHTS
#37
Ambassador: Emirates Airlines
Join Date: Sep 2004
Location: Manchester, UK
Posts: 19,801
#38




Join Date: Sep 2008
Location: ANR, BELGIE
Programs: FB PLAT / EX BA GOLD
Posts: 482
The is is to clarify if the connecting flights ex-eu are covered?
had a claim against one of the me3 when flying out of the eu , they refused the claim in response said ec261 does not apply to them,
sent them a copy of the regulations, they are still in denial.
I dont have the time , instead i stopped flying with them.
had a claim against one of the me3 when flying out of the eu , they refused the claim in response said ec261 does not apply to them,
sent them a copy of the regulations, they are still in denial.
I dont have the time , instead i stopped flying with them.
#39




Join Date: Sep 2008
Location: ANR, BELGIE
Programs: FB PLAT / EX BA GOLD
Posts: 482
#40




Join Date: Oct 2015
Location: Economy, mostly :(
Programs: Skywards Gold
Posts: 7,791
#41
FlyerTalk Evangelist


Join Date: Jan 2010
Posts: 10,047
#43




Join Date: Oct 2015
Location: Economy, mostly :(
Programs: Skywards Gold
Posts: 7,791
#44




Join Date: Sep 2008
Location: ANR, BELGIE
Programs: FB PLAT / EX BA GOLD
Posts: 482
also here is another detailed link to the same case
http://www.hfw.com/EU261-English-Cou...s-October-2017
and the initial case:
https://gettingthedealthrough.com/ar...2612004-appeal
#45




Join Date: Nov 2013
Posts: 5,482
I think they lost the appeal as headline mentions, which means the initial judgement was in the favor of the pax.
also here is another detailed link to the same case
http://www.hfw.com/EU261-English-Cou...s-October-2017
and the initial case:
https://gettingthedealthrough.com/ar...2612004-appeal
also here is another detailed link to the same case
http://www.hfw.com/EU261-English-Cou...s-October-2017
and the initial case:
https://gettingthedealthrough.com/ar...2612004-appeal
That is to say, EC261 would not apply on the return journey back to the EU at any stage, as none of the flights are in the scope of the regulation, but when the journey has a flight in the scope of the regulation (such as an ex-EU departure), then the final arrival at the end of that journey is what matters, no matter if that ultimate destination is outside the EU.

