Brexit and EU Compensation for delayed Flights
May 15, 2017, 8:50 pm
#1
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Brexit and EU Compensation for delayed Flights
Hi!
Assuming that Brexit will go through, any word on whether the EU policy on delayed/Cancelled flights will remain?
Thanks!
Assuming that Brexit will go through, any word on whether the EU policy on delayed/Cancelled flights will remain?
Thanks!
May 15, 2017, 11:49 pm
#2
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There is a 2 year negotiation period which just barely started. The earliest Brexit is likely to take effect will be April 2019. Even then, Teresa May has proposed a Great Repeal Bill that would incorporate EU law into UK law, meaning that EU compensation rules would continue to be effective in the UK until parliament specifically repeals them. I doubt doing so will be high on their list.
This is all a big unknown so it's hard to say, but my guess is that the policy will remain for at least several years if not permanently.
This is all a big unknown so it's hard to say, but my guess is that the policy will remain for at least several years if not permanently.
May 16, 2017, 3:02 am
#3
Join Date: Feb 2004
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There is a 2 year negotiation period which just barely started. The earliest Brexit is likely to take effect will be April 2019. Even then, Teresa May has proposed a Great Repeal Bill that would incorporate EU law into UK law, meaning that EU compensation rules would continue to be effective in the UK until parliament specifically repeals them. I doubt doing so will be high on their list.
This is all a big unknown so it's hard to say, but my guess is that the policy will remain for at least several years if not permanently.
This is all a big unknown so it's hard to say, but my guess is that the policy will remain for at least several years if not permanently.
May 16, 2017, 8:34 am
#4
Join Date: Sep 2013
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Of course it is. The UK can copy and implement laws from other countries as they please. Laws aren't exactly patented material.
May 16, 2017, 3:50 pm
#5
Join Date: Nov 2007
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You can always have a law on who is getting which money from the ESF. That does not bring a single Euro or Pound into the UK.
Or, with regard on the topic, the Gibraltar rule in article 1 of reg. 261/2004 might become pointless even if the regulation is still part of UK law.
May 16, 2017, 4:34 pm
#7
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Entire legal systems are copied from other legal systems.
At a more granular level, Switzerland is not an EU Member State. Yet, it has enacted local law which adopts EC 261/2004.
The difference is that Swiss law is written in EC 261/2004, not what the ECJ says the Regulation says. Thus, you won't have a Swiss court finding the failure of a properly-inspected and maintained aircraft part during its planned lifetime, isn't "extraordinary."
Given UK antipathy to the ECJ, who knows what a Great Repeal Bill (as it is finally considered) would have to say.
But, in any event, unless OP is planning travel for after April 2019, this will not be an issue.
May 16, 2017, 10:24 pm
#8
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EU261 is already UK law by dint of it being a Statutory Instrument - a form of Secondary Legislation - approved by both Houses of Parliament
It will remain the law until the UK Parliament repeals or replaces it.
Thus it is NOT directly affected by Brexit and will continue to apply as currently stands until Parliament says otherwise.
The Great Repeal Bill will incorporate all the judicial made changes - such as delay compensation/ definition of 'extra ordinary circumstances etc- so it will initially operate as now.
It will remain the law until the UK Parliament repeals or replaces it.
Thus it is NOT directly affected by Brexit and will continue to apply as currently stands until Parliament says otherwise.
The Great Repeal Bill will incorporate all the judicial made changes - such as delay compensation/ definition of 'extra ordinary circumstances etc- so it will initially operate as now.
Last edited by UKtravelbear; May 16, 2017 at 10:32 pm
May 17, 2017, 2:17 am
#9
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Where does the 261/2004 regulation touch European institutions? You simply have to readjust the scope of the regulation and replace vocabulary within the regulation.
May 17, 2017, 1:49 pm
#10
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