SAS pilots on strike in April 2019
Apr 27, 2019, 7:11 am
#121
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Which verdict was that? A few months ago, some authorities in the EU were going after Ryanair's refusal to payout EC261/2004 compensation by claiming strike action wasn't covered/was excluded.
This claim-making business states the following:
Am I entitled to compensation when my flight is cancelled or delayed by a strike?
In the UK a strike of third parties is seen as an extraordinary circumstance under Regulation 261/2004. Third parties are outside parties of which the airline is not in control, such as Air Traffic Control, baggage handlers or security. This means that you are not entitled to compensation when a UK flight is cancelled or delayed by more than three hours due to a third party strike. If the airline personnel like cabincrew or pilots are on strike, you are entitled to compensation of up to €600 per person.
In the UK a strike of third parties is seen as an extraordinary circumstance under Regulation 261/2004. Third parties are outside parties of which the airline is not in control, such as Air Traffic Control, baggage handlers or security. This means that you are not entitled to compensation when a UK flight is cancelled or delayed by more than three hours due to a third party strike. If the airline personnel like cabincrew or pilots are on strike, you are entitled to compensation of up to €600 per person.
Apr 27, 2019, 7:21 am
#122
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Which verdict was that? A few months ago, some authorities in the EU were going after Ryanair's refusal to payout EC261/2004 compensation by claiming strike action wasn't covered/was excluded.
This claim-making business states the following:
https://www.euclaim.co.uk/strike
Apr 27, 2019, 7:27 am
#123
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The UK ruling does in ways have binding effect on SAS, at least for some.
Apr 27, 2019, 7:36 am
#124
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Just had my flight ARN-LHR cancelled for tomorrow. Told to rebook, used the app logged in as a EBG and flying in plus and was charged 833SEK to rebook the ticked to a later time. Be fully aware that rebooking is NOT free and having status means nothing. Tried to ring their help desk but you dont get the option to enter your SKG number anymore and just told you face a very long wait.
I can see this will be probably refunded but it will require a lot of pissing about with SAS and then pissing about dealing with the refund inside the company accounting program.
I can see this will be probably refunded but it will require a lot of pissing about with SAS and then pissing about dealing with the refund inside the company accounting program.
Apr 27, 2019, 7:43 am
#125
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An ECJ ruling need not be in place for something to have binding effect across the areas under EU/ECJ jurisdiction. But if your question is really about if the relevant authorities in one country can operate in a different way than their functional equivalents in another country, they can unless and until an ECJ ruling hits or some other things happen to make things more uniform.
The UK ruling does in ways have binding effect on SAS, at least for some.
The UK ruling does in ways have binding effect on SAS, at least for some.
Apr 27, 2019, 8:10 am
#126
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Given that the EC is looking at updating EC261/2004 to clarify the definition of "extraordinary circumstances" to include natural disasters and ATC strikes as being "extraordinary circumstances", it would seem that the standing intent of EC261/2004 remains that a strike by SAS' pilots would still not constitute "extraordinary circumstances" for SAS under EC261/2004 or its successor in and beyond Scandinavia.
A third party strike would remain an extraordinary circumstance. A strike by one's own employees would seem to still not be "extraordinary circumstances" under EC261/2004.
Amusingly, the Danish authorities claim strikes, third party or otherwise, to be "extraordinary circumstances" under EC261/2004. So in case of strikes and having a choice of UK or Danish jurisdiction, I would go with the UK jurisdiction.
Last edited by GUWonder; Apr 27, 2019 at 8:23 am
Apr 27, 2019, 8:19 am
#127
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It's important to realize the difference between a voluntary rebooking of a flight that hasn't been cancelled yet, and a flight that actually is cancelled.
Concerning the voluntary rebooking, a part of the SAS info says: "You can rebook to a SAS flight on another date to the same destination if the same service class as the original ticket is available. The new date of travel may not be earlier than 06May until 30 September 2019." That could be interpreted to mean that there must be award space available if you want to rebook a flight voluntarily.
But if a flight has actually been cancelled and you show up at the aiport, SAS will need to rebook you onto any flight that will get you to your destination.
Concerning the voluntary rebooking, a part of the SAS info says: "You can rebook to a SAS flight on another date to the same destination if the same service class as the original ticket is available. The new date of travel may not be earlier than 06May until 30 September 2019." That could be interpreted to mean that there must be award space available if you want to rebook a flight voluntarily.
But if a flight has actually been cancelled and you show up at the aiport, SAS will need to rebook you onto any flight that will get you to your destination.
Apr 27, 2019, 8:33 am
#128
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Which verdict was that? A few months ago, some authorities in the EU were going after Ryanair's refusal to payout EC261/2004 compensation by claiming strike action wasn't covered/was excluded.
This claim-making business states the following:
https://www.euclaim.co.uk/strike
Apr 27, 2019, 8:42 am
#129
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Regarding the strikes. The issue is probably that strikes are a natural part of the negotiations between the companies and unions and sanctioned by the government. Bear in mind there are no minimum salary set by the government in any of the Scandinavian countries. It's all agreed between the unions of the employer and employees.
Apr 27, 2019, 8:50 am
#130
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The strike is a huge problem for Norway now, and thus very prominent in the media, including the demands of the pilots.
Apr 27, 2019, 8:52 am
#131
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That may be what the Danish national enforcement authorities for EC261/2004 will accept, but I am pretty sure that not all NEBs across the relevant areas agree with the SAS/Danish take.
Apr 27, 2019, 8:54 am
#132
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But that would only be a choice for the UK routes? But that seems to be the answer; amusing or not, SAS DK has the backing for this approach until the ECJ or the update of the regulations say otherwise. What about Sweden and Norway?
Apr 27, 2019, 9:03 am
#133
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There has been much attention to the strike in the Norwegian media, since March. Of course: the strike is less important for the general Danish public than for the Norwegian general public. The international routes to all three Scandinavian countries have alternatives, and domestic air travel is not very important in Denmark, where train services are more of an alternative than in Norway. (And AFAIK more of the domestic Danish services are flown by other airlines, and thus not affected).
The strike is a huge problem for Norway now, and thus very prominent in the media, including the demands of the pilots.
The strike is a huge problem for Norway now, and thus very prominent in the media, including the demands of the pilots.
I have heard some Norwegians and Swedes who think that the SAS employees in Scandinavia have been a collectively spoiled bunch of workers. SAS pilots in Scandinavia are considered to be very high-income workers in their home countries and seem to have way more time to hit the golf courses than the average full-time worker in Scandinavia, both factors that may spark some people to be more critical of the pilot strikes than they may have otherwise been.
Apr 27, 2019, 9:07 am
#134
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