Out of the extraordinary: the Court of Appeal’s judgment in Huzar v Jet2.com
The Court of Appeal has handed 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 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? …
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