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Originally Posted by DrMilano
(Post 35942541)
Delta handles the EU261claims for AF/KLM when a US based passenger files a complaint.
Originally Posted by DrMilano
(Post 35942541)
Issue with having a case log thread could be copyright infringement citing the law firm that summarized the Courts ruling.
[I'll just add that since I think this site is American, https://en.wikipedia.org/wiki/Fair_use applies.] |
Originally Posted by Kvarko
(Post 35944872)
I see. Well, I've just put in my EC261 claim directly with AF, and AF have acknowledged it. I suppose I can see that Americans might be more comfortable with interacting with Delta even if AF/KLM operated the flight.
This is becoming surreal. We can't have an EC261 forum because law firms might sue for case law quotes?! I think this is ludicrous FUD and I'm starting to wonder whether there's some vested interest being protected here. [I'll just add that since I think this site is American, [url]https://en.wikipedia.org/wiki/Fair_use applies.] |
I think DrMilano was suggesting that if one quoted from a law firm's case summary, said firm could sue for copyright violation. In practice I am confident a quote would be well within the "fair use" provisions, and if someone was still worried they could instead just give a cross-reference (e.g. URL) to the law firm's case summary.
This is all doubly moot because the case law will mostly come from the ECJ, which gives very nice summaries, e.g. https://curia.europa.eu/juris/docume...t=1&cid=282678 (scroll to the end) -- and a more detailed analysis is at https://www.lexology.com/library/det...7-1dd049f3b068 , of which the key part is:
Originally Posted by Stenger Rechtsanwälte - Dr. Wiebke Seyffert
In conclusion, the ECJ clarified that passengers forfeit their right to compensation under Regulation (EC) 261/2004 if they fail to show up for check-in on time, even if they are aware of a significant flight delay. Additionally, passengers who proactively book alternative flights in anticipation of delays may not be eligible for compensation if the alternative flight results in an arrival delay of less than three hours.
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I'm still not clear TravelBuzz is the best forum for generic EC261 questions, but anyway, I've posted the following there: https://www.flyertalk.com/forum/trav...l#post35955812 .
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Originally Posted by Kvarko
(Post 35955817)
I'm still not clear TravelBuzz is the best forum for generic EC261 questions, but anyway, I've posted the following there: https://www.flyertalk.com/forum/trav...l#post35955812 .
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Originally Posted by Kvarko
(Post 35955817)
I'm still not clear TravelBuzz is the best forum for generic EC261 questions, but anyway, I've posted the following there: https://www.flyertalk.com/forum/trav...l#post35955812 .
Originally Posted by Silver Fox
(Post 35957017)
Thread link doesn't work and I couldn't see the thread in travelbuzz. Did it get merged into something else or removed? Or am I missing it?
https://www.flyertalk.com/forum/trav...g-carrier.html . |
No, it got moved to an AA-specific forum (my mistake for giving AA and BA as examples; I should have kept it completely generic): https://www.flyertalk.com/forum/amer...n-carrier.html .
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Just one example of why a dedicated generic EC261 forum would be helpful: https://www.flyertalk.com/forum/35975936-post317.html .
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Originally Posted by Kvarko
(Post 35859448)
Is compensation due under EU261 (or UK261) in this case? The obvious cancellation compensation is not, as it was >= 14 days in advance (see EU261/5(1)(c)(i)). However I've had at least one of those claims companies tell me that yes, it is due owing to the delay w.r.t. the original arrival time. Maybe there's some case law I've missed, though I could not find it on https://flightdelaypay.com/leading-cases/
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I guess a sticky thread https://www.flyertalk.com/forum/europe-477/ listing the important cases that build upon the original eu261 law would be useful.
The EU commission has a non chronological ver. updated 2022 https://transport.ec.europa.eu/docum...judgements.pdf Some firm's version chronological 2020 https://www.dlapiper.com/-/media/fil...6B172271189488 |
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