Court of Appeal hands down judgment on the meaning of "extraordinary circumstances" in the case of cancellation or delay arising out of technical faults pursuant to EC Regulation 261/2004 -
It is somewhat regrettable that the Court of Appeal has missed an opportunity to bring some much-needed clarity to the airline industry as to the meaning of "extraordinary circumstances" in relation to claims for compensation in respect of flight delays and cancellations arising out of technical faults.
In the judgment handed down this week in respect of Huzar v Jet2.com the Court of Appeal considered a point of law in relation to claims for fixed compensation pursuant to EC Regulation 261/2004 ("Regulation") that has been shrouded in uncertainty since the very inception of the Regulation in 2005, namely: is compensation awardable in the case of cancellation or delay arising out of technical faults with the aircraft scheduled to operate the flight?
The decision is attracting significant attention from passengers and airlines alike. Whilst the judgment may on its surface symbolise a victory for passengers, in the event it is not overturned by the Supreme Court, the financial repercussions for the airline industry could permeate the entire European aviation market.
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