Missed connection - which carrier is liable for EU compensation

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Old Sep 1, 17, 2:52 am
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Missed connection - which carrier is liable for EU compensation

  • Single ticket itinerary ZRH - MUC - Romania on LH ticket stock
  • First leg ZRH - MUC operated by LX delayed 45 mins, resulting in missed connection in MUC by 10 minutes
  • Rebooked by LH on next available flight six hours later
  • Second leg MUC - Romania operated by LH was on time
  • Total delay at destination 6 hours (due to infrequent flights)

Assuming that all other conditions for EU compensation are met, which airline would be liable to pay up?

LX - because they caused the missed connection, or
LH - because they chose not to wait and operated the leg that delivered me to destination with delay?

Any thoughts appreciated - thanks in advance
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Old Sep 1, 17, 3:12 am
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LX

LH didn't do anything wrong.

LH ticket stock has no bearing - always the actual/performing carrier.

Good luck with getting anything from LX...
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Old Sep 1, 17, 3:15 am
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LX responsibility, so you're unlikely to get anything
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Old Sep 1, 17, 11:26 am
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LX responsibility, so you're unlikely to get anything
Why should the OP not get anything? Because Switzerland is not part of the EU?
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Old Sep 1, 17, 1:31 pm
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OP - The sole relevant fact is the operating carrier of the flight causing the delay into your final ticketed destination, e.g. LX. Ticketing carrier has nothing to do with EC 261/2004 nor does the operating carrier of the second segment because it operated as it ought to have.

The comments above about LX relate to the fact that Switzerland, although not a Member State has chosen to adopt the Regulation as Swiss Law.

But, the Swiss courts are not bound by the ECJ and generally interpret the Regulation as written not as the ECJ has chosen to legislate.

Accordingly, your presumption that all of the other requirements of the Regulation are met, may not be useful.

Thus, the question arises as to why your LX flight was delayed.
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Old Sep 1, 17, 2:45 pm
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Originally Posted by warakorn View Post
Why should the OP not get anything? Because Switzerland is not part of the EU?
What he means is that LX is notorious for not giving out any compensation. They say they follow EU rules, but when pressed for any actual compensation, they will retreat into corporate weasel-speak. The problem is one of enforcement. Since Switzerland is not part of EU, there is no enforcement of EU legal precedents. LX will tell any claimants to bugger off, citing "extraordinary circumstances", which have been shot down by courts across EU, but will not be enforced inside Switzerland.

Either wait until there is an actual legal judgement inside Switzerland about such cases, or if your LX flight did touch EU (either by departure or arrival), use one of those third party claimant sites.

Disclaimer: I was recently told very impolitely by LX to bug off from my claim that would have been accepted by any EU airline. I'm now in the process of using a third party claim site since that flight originated from inside EU.
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Old Sep 2, 17, 3:31 am
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Originally Posted by Often1 View Post

Accordingly, your presumption that all of the other requirements of the Regulation are met, may not be useful.

Thus, the question arises as to why your LX flight was delayed.
After boarding, the captain said that a piece of cargo was different from what was said in the paperwork, and they needed to offload it and resolve the discrepancy for security reasons - to me this sounds like they didn't properly inspect the cargo before loading it on to the aircraft.
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Old Mar 14, 19, 5:50 am
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Update on the case - I had this handed over to a claims agency, and have been informed that LX has paid the compensation due. Wasn't quick but it worked out in the end
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Old Mar 14, 19, 9:32 am
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Originally Posted by ParisMoskau View Post
Update on the case - I had this handed over to a claims agency, and have been informed that LX has paid the compensation due. Wasn't quick but it worked out in the end
Great & thanks for reporting back on your success
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Old Mar 18, 19, 11:14 am
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  • Single ticket itinerary BLR-FRA-ORD-DFW on LH ticket stock
  • FRA-ORD operated by LH was delayed by 60mins, resulting in missed connection in ORD.
  • Rebooked by UA on the next available flight 3 hours later
  • Total delay at destination - 3 hours
I am assuming it would be LH who is liable for compensation.
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Old Mar 18, 19, 12:08 pm
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Unless the delay exceeds 3 hours, your are SOL.In According to your post, you may fall just short.

If your delay had exceeded 3 hours, it would have been LH which might have been responsible for EUR 300 in delay compensation. However, there are two issues:

1. Why was the flight delayed? The reason will matter.
2. It is possible that LH may miss this, but you were ticketed between two points outside the EU, e.g. BLR-DFW. Under recent CJEU precedent, the connections at FRA and ORD are irrelevant. Thus, EC 261/2004 would not apply at all.

If you could please provide the reason for the xFRA delay, it would be helpful in responding in more detail.
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Old Mar 19, 19, 6:34 pm
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Originally Posted by Often1 View Post
2. It is possible that LH may miss this, but you were ticketed between two points outside the EU, e.g. BLR-DFW. Under recent CJEU precedent, the connections at FRA and ORD are irrelevant. Thus, EC 261/2004 would not apply at all.
Do you have a source for this? I thought that this was an untested situation where it is unclear how a court would rule. This is also what it says it the documentation on the BA forum here. Has there been an ECJ ruling on the matter which I have missed?
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Old Mar 19, 19, 8:44 pm
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Originally Posted by Often1 View Post
Unless the delay exceeds 3 hours, your are SOL.In According to your post, you may fall just short.

If your delay had exceeded 3 hours, it would have been LH which might have been responsible for EUR 300 in delay compensation. However, there are two issues:

1. Why was the flight delayed? The reason will matter.
2. It is possible that LH may miss this, but you were ticketed between two points outside the EU, e.g. BLR-DFW. Under recent CJEU precedent, the connections at FRA and ORD are irrelevant. Thus, EC 261/2004 would not apply at all.

If you could please provide the reason for the xFRA delay, it would be helpful in responding in more detail.
The reason for the delay is quite likely to be restrictions on Indian airspace due to the Pakistan air closures, which are extraordinary
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