Emirates disappointed by UK court ruling over missed flight compensationBack to Forum
Tagged: Emirates EU261 appeal
Court rules that non-EU airlines should pay compensation in the event of missed connections
Not the end of the matter, since Emirates will appeal this decision.
Unsurprising, since it would cost it millions each year.
The ruling means passengers of non-EU airlines can now claim compensation whether the final destination is within or outside the EU.24 Oct 2017
Having done a fair amount of investigating and assisting with EU261 claims, I am a little surprised that EK (amongst other non-EU airlines) had reason to think that there was a loophole in the legislation that meant that EU261 would have applied on anything other than the origin to destination journey (provided that it was a through ticket without a voluntary stopover at the connecting point).
Admittedly, like most things to do with the EU, the thinking and the wording are a little woolly, and I have no doubt that a smart lawyer would be able interpret it differently. I am glad that a UK court has now clarified this, and I hope it won’t succeed on appeal.24 Oct 2017
I agree that it is rather unlikely to be overturned on appeal – it would be a loophole in the legislation if it were not to apply to the whole contracted journey, i.e. to the final destination. One assume this would also include a connection onto a different carrier (on the same ticket).
Of course, this still only applies flying out of the EU – only EU carriers are covered when flying from outside the EU into the EU. Though it is less clear whether this would include when you fly from outside the EU into the EU on a single ticket where two flights are involved but only the second carrier is an EU airline.24 Oct 2017
Though it is less clear whether this would include when you fly from outside the EU into the EU on a single ticket where two flights are involved but only the second carrier is an EU airline.
I successfully fought a case on behalf of friends where travel was CPT-BA-JNB-MS-CAI-MS-LON. The ticketing carrier was MS (Egyptair), and travel had originated in LON. On the inbound journey, the BA leg from CPT-JNB was delayed resulting in a missed connection at JNB onto the MS flight.
Clearly this was not the fault of MS so the claim was made against BA as the carrier causing the misconnection. They initially rejected it on the grounds that the BA operation CPT-JNB is not BA, but a franchised local operator (Comair) and therefore not an EU carrier.
On appeal, they seem to have accepted my argument that one might expect that a BA flight number, flown on an aircraft in BA livery, would be expected to deliver the same standard as the franchisor and on that basis, they paid up. I was a little surprised at the successful outcome of the appeal but I suppose it proves that persistence pays.
I have to say though that if I look at it from the perspective of the airline, it’s a little unfair.24 Oct 2017
Will it be the case, Post Brexit, that EU261 will cease to apply to any flights originating in UK? Maybe this item is one of many still up for discussion/negotiation, it would be a pity if UK was to no longer have this benefit. Emirates, BA and others would probably welcome the demise of EU261.25 Oct 2017