Widening of EU261 compensation eligibility for missed connections

[andye]

News (via headforpoints) that courts have increased eligibility for EU compensation on non-EU carriers
For instance if travelling CDG-DXB-PER (single ticket) and the 1st leg is delayed missing the connection to Perth, you may be eligible for higher levels of compensation. Retrospective ruling for up to 6 years.
Relevant for majority of airlines travelling from Europe to Australia (but not vice versa)

New EU261 ruling on connections means you could be due compensation

 

[serfty]

Indeed, the court has so ruled.

From the FT BA forum:

The Court of Appeal of England and Wales has just handed down its judgment in the joined cases of Gahan v Emirates and Buckley v Emirates, reaffirming the CJEU's earlier decision in Folkerts.

• From the CAA’s press release: The Court of Appeal agreed with the Court of Justice of the European Union view that liability for compensation for delay depends on the delay in arriving at the 'final destination'. Where more than one flight is taken to reach the final destination, the flights are taken together for the purpose of assessing whether there has been a 3 hour or more delay.
• The Court of Appeal said that Article 7 of EC 261/2004 (which sets out the right to compensation) applies to non-Community carriers in respect of flights to their final destination.

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[mannej]

Good timing, had a friend booked on CDG-DXB-PER on EK.

Delayed out of CDG, missed the connection. Put up in a hotel in DXB with the connection being changed to DXB-DPS-PER with the DPS-PER being on JQ. They arrived home a day late as well.
EK made no mention of EC261 to the friend, so this is good information for them to chase it up.

 

[gaz0303]

Great news...I've had a claim in progress through Both & Co (online legal service in the UK) for a EK MAN-DXB-SYD ticket where the connection in DXB was missed due to a delay out of MAN. Took an extra 24hrs to get home. The claim has been on hold waiting for the outcome of a test case. I assume that these joined cases are the test case that has been holding up my claim.

 

[MEL_Traveller]

All this talk about Emirates' connections... just remembered a friend of mine had an EK delay ex CDG causing a missed connection to Tokyo. 600 coming their way!

 

[serfty]

As an aside, EK can longer avoid paying a reduced amount due to connection.

Indeed, the court has so ruled.

From the FT BA forum:

The Court of Appeal of England and Wales has just handed down its judgment in the joined cases of Gahan v Emirates and Buckley v Emirates, reaffirming the CJEU's earlier decision in Folkerts.

• From the CAA’s press release: The Court of Appeal agreed with the Court of Justice of the European Union view that liability for compensation for delay depends on the delay in arriving at the 'final destination'. Where more than one flight is taken to reach the final destination, the flights are taken together for the purpose of assessing whether there has been a 3 hour or more delay.
• The Court of Appeal said that Article 7 of EC 261/2004 (which sets out the right to compensation) applies to non-Community carriers in respect of flights to their final destination.

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[gaz0303]

My UK lawyer (Bott & Co) has advised that EK are challenging and hence no progress on my claim. An appeal of an appeal....???

 

[Blackbird]

If the original judgement eventually stands, surely this would apply to QF as well out of LHR with missed connections in Sydney on the same ticket?

 

[serfty]

If the original judgement eventually stands, surely this would apply to QF as well out of LHR with missed connections in Sydney on the same ticket?

I missed it last month but EK/EY/TK/SQ and AA have been jointly refused leave to appear the Gahan decision.

This should please @gaz0303 ...

Emirates refused appeal over late-connection compensation

Emirates refused appeal over late-connection compensation

Middle Eastern carrier Emirates has been refused permission by the UK Supreme Court to appeal against a ruling on delay compensation for passengers who missed connecting flights.

The UK Civil Aviation Authority has urged the Dubai-based carrier to pay compensation following the decision.

Emirates had been among five airlines pursued by the CAA after denying compensation to passengers over the delays.
...
Although the sectors from Dubai were outside the European Union, the European Court of Justice ruled that the entire flight from Manchester, and the delay on arriving at the final destination, should be considered.
...
Since the Court of Justice had already given a "clear answer" on the matter, says the CAA, the UK Supreme Court has refused Emirates permission to appeal. The CAA says it will "progress" its enforcement action against Emirates, adding that the Supreme Court's refusal confirms the regulator's interpretation of European Union compensation law.

 

[gaz0303]

Finally received notification today that EK will pay 2x600eur compensation for my parents missed Dubai connection due to delay from MAN in July 2016. EK rejected first claim, offered 20k points when pressed. Lodged claim with online UK lawyer (Bott&co) at the time. Lose 25% in legal fees, but my folks have never made money sat in an airport before.

 

[MEL_Traveller]

Finally received notification today that EK will pay 2x600eur compensation for my parents missed Dubai connection due to delay from MAN in July 2016. EK rejected first claim, offered 20k points when pressed. Lodged claim with online UK lawyer (Bott&co) at the time. Lose 25% in legal fees, but my folks have never made money sat in an airport before.

Depending on your timing for filing the claim, EK was waiting for a court decision in the UK regarding connections. This was decided last year (emirates lost). EK has been paying out since then for missed connections.

 

[Danger]

Finally received notification today that EK will pay 2x600eur compensation for my parents missed Dubai connection due to delay from MAN in July 2016. EK rejected first claim, offered 20k points when pressed. Lodged claim with online UK lawyer (Bott&co) at the time. Lose 25% in legal fees, but my folks have never made money sat in an airport before.

Huge congratulations. Well done for sticking with it.

 

[docjames]

Wonder how much this would cost QF and their xmas/ny debarcle at DXB last year......

Passengers stranded at Christmas due to flight delays