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Supreme court ruling against Emirates opens door to more flight delay compensation claims / 16.03.2018

Home > Court ruling Emirates flight delay compensation claims

Supreme court ruling against Emirates opens door to more flight delay compensation claims image

FairPlane today welcomes the decision of the Supreme Court in refusing Emirates Airlines permission to appeal in relation to flight delay compensation for missed connecting flights outside of the EU.

The airline had argued that the second leg of a flight departing and arriving from any destination outside of the EU, should not fall within the ‘Denied Boarding Regulation EC261/2004’, even though the journey started from within the EU.   

Late last year the supreme court ruled in favour of passengers Gahan and Buckley, that irrespective of the fact that the airline they were travelling with was a non EU carrier, if the flight started within the EU, it did not matter if the connecting flight missed was outside of the EU. 

The Civil Aviation Authority (CAA) had originally commenced enforcement action against five airlines on this point as long ago as Spring 2017, but Emirates continued to battle against the decision in an attempt to prevent passengers accessing their legal rights to airline compensation.

Millions of pounds in flight delay compensation potentially available to claimants

Today’s decision now opens the door for passengers that suffered a flight delay or cancellation, that then went on to cause them to miss their connecting flight, where their first flight commenced inside the EU, to make claims for compensation.

The announcement can be read here on the CAA’s website - https://www.caa.co.uk/News/Civil-Aviaiton-Authority-welcomes-Supreme-Court-decision-refusing-Emirates-permission-to-appeal/









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