Passenger claims under regulation 261/2004

It is 10 years since the EU Directive 261/2004 was implemented in the UK. The directive was aimed at giving aviation passengers further rights of compensation in certain circumstances.

The European legislative bodies are currently reviewing EC261, but any amendments are unlikely to be finalised until mid-2015 at the earliest and not in force until 2016–17.

Notwithstanding that changes to EC 261/2004 are in the pipeline, the Court of Appeal made two important decisions in the last month on the application of the current regulations: Dawson v Thomson Airways Ltd regarding the time limit for bringing claims under EC261/2004; and the case of JET2.COM v Ronald Huzar on whether ‘technical problems’ amounted to a defence for a claim for a delayed flight…

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