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Court of appeal—limits 'extraordinary circumstances' exception to compensation for delayed flights (Jet2.com v Huzar)

Court of appeal—limits 'extraordinary circumstances' exception to compensation for delayed flights (Jet2.com v Huzar)
Published on: 12 June 2014
Published by: LexisPSL
  • Court of appeal—limits 'extraordinary circumstances' exception to compensation for delayed flights (Jet2.com v Huzar)
  • What is Regulation 261/2004?
  • The exception to the right to compensation
  • What is meant by 'extraordinary circumstances'?
  • How should 'extraordinary circumstances' be approached then?
  • And the repercussions of this decision?
  • Court details

Article summary

DR analysis: In what is being hailed as ‘an opening of the floodgates’ the Court of Appeal yesterday delivered judgment on the Jet2.com case, concluding that where Mr Huzar’s flight had been delayed due to discovery of a technical fault, this was not an ‘extraordinary circumstance’ which would allow Jet2.com to avoid paying Mr Huzar compensation under Regulation 261/2004. The result is seen as the court applying a common sense approach to the Regulation and subsequent CJEU caselaw on it. It could cost the airline industry considerably. or take a trial to read the full analysis.

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