Where do I stand with Emirates and EU261?
 

This is a repost as put in wrong section

Morning all just after a bit of advice as have researched it and checked other forums but cannot seem to get a clear answer

Last month we were flying from Melbourne to Birmingham with a connection in Dubai for 2 hours, we boarded the connection flight and there was a technical issue so didn't move for 3 hours. We then took off and the landing gear would not come up so we had to burn fuel and land back in Dubai. We then were put up overnight in the Emirates Copthorne hotel and brought back to the airport the next day for the new flight. Overall our connection time was 21 hours instead of 2. Reading online the EU261 case which was successful was a departure from the UK and my scenario is a flight outside the EU with an airline not from the EU but our destination was in the EU. I have had email correspondence with Emirates and have been initially offered 40K sky miles for each passenger, which aren't really of any use to us, so I'm wondering whether I should mention about the EU261 yet and request for the max amount for each of us (600 euro).

Thanks
Zigic

You have no standing - flights from Dubai to Europe on Emirates are not covered by EC261

Flights from EU on any carrier are covered under EC261
Flights from outside the EU to the EU are only covered where the flight is operared by an EU carrier

That's a shame ! I have emailed them back asking for a monetary offer, will update with response, not anticipating anything !

The miles, if that's all you get, can be used in many places other than Emirates. Look for spend partners on their website.

Was this a trip commencing in MEL or a return out of BHX?

One doesn't exclude the other (although makes no difference to there being no EU261 claim AIUI).

that wasn't my question, I was asking if this was the return leg or the outbound of the journey

Just wondering if that would make a difference to the EU261 claim? I would have thought it wouldn't matter what leg (in or out) it would be? Good to know for future reference if it does.

It doesn't, but Zol might be wondering whether OP's wording was unclear in that OP says they were travelling from MEL to BHX, but if in case the delay was on the return it would have been an ex-EU departure and would qualify

My whole flight schedule was Birmingham to Sydney, few internals flights in Australia, then return was Melbourne to Birmingham with Dubai connection, this was where we were delayed (Dubai to Birmingham). Hope that clears things up. I responded to their Sky miles offer for monetary compensation but am yet to get a response from the 13th. My impression is that we do not qualify under EU261 but will see or if any can argue why we do.

You 100% do not qualify under EU261, and EK is not obligated to any monetary compensation, so I'd not hold my breath for it

I'm not expecting anything tbf. Annoying that we will miss out. Also had another flight when the world cup was on and we were 2hrs 50mins late so didn't get anything, typical lol !

That is 100% correct. EU261 applies to EU carriers for all flights (into, out of and within the EU).
For non EU carriers (in this case EK) it only applies to flights ORIGINATING in the EU. That is flights, not itineraries.
So DXB / BHX does not qualify (whereas BHX / DXB does).

Whether this was a return, single, open-jaw, or any other ticketing scheme is wholly irrelevant and needlessly complicates a simple question which was answered in #2 . For a non-EU carrier, departing from outside the EU, EC 261/2004 does not apply in any way, shape or form. Period.

The rest is all a series of red herrings or perhaps more precisely, non-herrings.