ECJ in passenger compensation ruling

Thursday 19 November 2009 15.42
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Airline passengers - Compensation ruling
Airline passengers - Compensation ruling
Aviation - Pilots using flight plans manually
Aviation - Pilots using flight plans manually

Airline passengers facing long delays should receive the same cash compensation as those whose flights are cancelled, European judges ruled today.

They decreed that a 'long' delay was one which delivered travellers to their final destination three hours or more after the scheduled arrival time.

Compensation would then be payable by the airline at the same rates as for cancelled flights - but not if the delay was caused by 'extraordinary circumstances'.

The ruling in the European Court of Justice in Luxembourg declared: 'Passengers on a flight which is cancelled at short notice have a right to compensation, even when they are re-routed by the airline on another flight, if they lose three hours or more in relation to the duration originally planned.

'There is no justification for treating passengers whose flight is delayed any differently when they reach their final destination three hours or more after the scheduled arrival time.'

But the judges added: 'Such a delay does not give rise to a right to compensation if the airline can prove that the delay was caused by extraordinary circumstances which are beyond its actual control and which could not have been avoided even if all reasonable measures had been taken.'

The ruling said that a technical problem in an aircraft could not be regarded as an 'extraordinary circumstance', unless the problem stemmed from events which 'by their nature or origin are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control.'

The ruling came in a judgment clarifying a five-year-old EU regulation which grants flat-rate compensation for cancelled flights of between €250 and €600.

The judges said that regulation did not expressly provide that passengers whose flights are delayed also have such a right.

They were dealing with cases referred from German and Austrian courts in which passengers claimed compensation after facing delays - but not cancellations - which meant they arrived at their final destinations 25 and 22 hours after the scheduled time.

The national German and Austrian courts will now consider the EU judges' decision.

The ruling said: 'The Court of Justice does not decide the dispute itself. It is for the national court or tribunal to dispose of the case in accordance with the Court's decision, which is similarly binding on other national courts or tribunals before which the same issue is raised.'

US computer glitch causing travel delays

A glitch in a computer system, which pilots use to file flight plans, is causing major air travel delays for flights to and from areas on the US east coast.

'It's a system-wide problem and it's a problem getting looked at right now,' FAA spokeswoman Diane Spitalieri said.

'It's slowing down the system significantly,' she said.

She said the flight delays would increase if the problem does not get resolved quickly, as pilots were now forced to file their flight plans manually.

The system malfunction is affecting flights across the eastern US. The affected computer system appeared to be the National Airspace Data Interchange Network.

A malfunction of that system in August 2008 delayed hundreds of flights in the eastern part of the country, causing the FAA to shift processing to a backup location in Salt Lake City, Utah.

A spokesperson for Aer Lingus has said none of its flights to the US have been affected by the US computer glitch.

She said that all Aer Lingus flight plan details were filed this morning before the glitch occurred.

The spokesperson said as a result all Aer Lingus flights will be arriving at their intended destinations.