Laudamotion eu261 questions

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This topic contains 18 replies, has 8 voices, and was last updated by  SimonS1 22 Aug 2019
at 19:30
.

Viewing 4 posts - 16 through 19 (of 19 total)

  • Swissdiver
    Participant

    This is incorrect.

    For long haul the threshold is now 3 hours. Between 3-4 hours you get half compensation (€300) and over 4 hours you get full compensation (€600).

    https://www.caa.co.uk/Passengers/Resolving-travel-problems/Delays-cancellations/Delays/Long-haul-delays–compensation/

    Ignoring the matter of extraordinary circumstances, a delay of 3h 02m on a Miami flight entitles the traveller to compensation.

    This seems to be a British interpretation. This is the rule: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:en:HTML

    Article 7 is very clear. Unless a rerouting has been proposed, it is 4 hours for a long haul.

    This is incorrect.

    In fact the ruling about entitlement to €300 compensation for delays over 3 hours was by the Germany courts in Air France v Folkerts and subsequently confirmed by the European Court of Justice.

    http://curia.europa.eu/juris/document/document.jsf?text=&docid=134201&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=8331695

    Simon, this case was about whether a connecting flight should suspend the right for compensation. The answer is no. I doubt furthermore a civil law judge would not consider 4 hours as being the rule for long haul as this is what EU261 stipulates, since this ruling does not question this aspect (delay was 11 hours).


    SimonS1
    Participant

    I suggest you read points 45 and 47 of the judgement then. Nothing to do with connecting flights.

    Or alternatively you may look at ruling 2 in the Sturgeon case.

    http://curia.europa.eu/juris/document/document.jsf;jsessionid=807370761C971391FA1539E812C4B2B1?text=&docid=73703&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=8353619

    Or you could consult the delays section in the guidance notes issued by the ECJ.

    http://curia.europa.eu/juris/document/document.jsf;jsessionid=807370761C971391FA1539E812C4B2B1?text=&docid=73703&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=8353619

    Or if all else fails you could give a lawyer a call and ask. Or even go on FT to the boards of any of the European airlines and ask.

    Finally do you seriously think BA would be paying out on these claims if they could get the ruling overturned??

    Sorry but on this one you are incorrect. By the way, I have a family member working in the airline industry, specifically in the area of IRROPS 😉


    capetonianm
    Participant

    None of the above is very clear.

    This what says on LH website (I am about to make a claim on behalf of a friend)

    According to Regulation (EC) 261/2004, a delay is deemed to have occurred :
    when the scheduled departure time is delayed by at least four hours in the case of flights of more than 3,500 km,
    by at least three hours in the case of flights of between 1,500 and 3,500 km and
    flights of more than 1.500 km within the EU,
    and by two hours in the case of flights of up to 1,500 km.


    SimonS1
    Participant

    It also says:

    If you are offered an alternative flight and the arrival time is not later than two hours after the planned arrival time of the originally booked flight for flights of up to 1,500 km, not more than three hours after the planned arrival time for flights between 1,500 and 3,500 km, and not more than four hours after the planned arrival time for flights of more than 3,500 km, the compensation shall only be 50% of the above-mentioned payment amounts, i.e. €125, €200, or €300.

    So technically their cut and paste of the regulation is accurate, but of course what they don’t tell you (why would they…..) is that in the Sturgeon case the ECJ held that:

    Articles 5, 6 and 7 of Regulation No 261/2004 must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier.

    In other words if your flight is between 3 and 4 hours late then you are entitled to 50% compensation. This was subsequently re-emphasised in the Folkerts and Nelson judgements, the latter was against Lufthansa.

Viewing 4 posts - 16 through 19 (of 19 total)
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