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Old 31-01-2013, 22:19   #15
martyh
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Re: Ryanair ash cloud case: EU's top court rules against airline

Quote:
Originally Posted by cookie_365 View Post
Because the law says they have to, and if they don't like the laws that govern the obligations of airlines, they shouldn't be in the airline business.

Is that a good reason?
No

Because it's not the law ,the controversy about this ruling is that the ECJ has overruled an existing EU law which governs compensation payments and the protocol surrounding delayed/cancelled flights for all carriers in Europe .Namely REGULATION (EC) No 261/2004.All the carriers affected by the ash cloud operate under this law and most including Ryanair have settled claims for refunds and compensation as an act of good will towards the passengers .Now they have this new ruling which affects all carriers in the EU they will be obliged by law to compensate passengers for acts of god ,uprisings and strikes that result in the delay or cancellation of a flight.So now the cost of your ticket will rise because that was part of the new ruling as well

Quote:
The ruling stated that airlines "may pass on the costs incurred as a result of that obligation [to look after all stranded passengers for as long as it takes] to airline ticket prices".

REGULATION (EC) No 261/2004
Quote:
As under the Montreal Convention, obligations on operating
air carriers should be limited or excluded in cases
where an event has been caused by extraordinary
circumstances which could not have been avoided even
if all reasonable measures had been taken. Such circumstances
may, in particular, occur in cases of political
instability, meteorological conditions incompatible with
the operation of the flight concerned, security risks,
unexpected flight safety shortcomings and strikes that
affect the operation of an operating air carrier.
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