The Court of Appeal (Civil Division) has dismissed an appeal by Jet2.com, an airline, who argued a flight delay because of technical defect amounted to an "extraordinary circumstance".
Rather, the Court upheld the judgment of Judge Platts at Manchester County Court that Ronald Huzar, a passenger, was entitled to compensation under European Union Regulation No. 261/2004 after suffering a 27 hour delay on a flight from Malaga, Spain, to Manchester, in October 2011.
The Court of Appeal judgment means that technical defects are not to be considered an "extraordinary circumstance" under the EU Regulation. Moreover, the judgment emphasises the requirement for airlines to pay compensation for delays of more than three hours.
The Court of Appeal judgment now brings the United Kingdom into line with other European countries, establishing much needed case precedent.
In a case where an airline claims "extraordinary circumstance", the onus of proof rests on the carrier. However the Court found the defence did not apply in the case of Mr. Huzar.
The judgment has retrospective application meaning anyone who has suffered a long delay on a qualifying flight since the summer of 2008 is entitled to claim.
