Important Judgement Against KLM In European Court Of Justice Looks Set To Affect Future Claims For Flight Delay Compensation
The European Court of Justice (ECJ) has agreed with the Supreme Court’s ruling that technical problems which cause delayed flights or cancelled flights are the responsibility of the operating airline. This means that airlines cannot use technical problems as an excuse not to pay flight delay compensation claims.
KLM had attempted to argue that any spontaneous technical fault should be deemed to be an extraordinary circumstance, so allowing an airline to avoid paying flight delay compensation to passengers. The ECJ is a higher court than the Supreme Court and so this decision opens up the way for hundreds of thousands of people to proceed with their flight delay compensation claims.
Thousands of passengers owed delayed and cancelled flight compensation have had their cases put on hold pending this decision. Airlines should no longer be able to avoid pay claims of up to €600 for flights delayed more than 3 hours or cancelled as required by the EU regulations.
Following the ECJ ruling, solicitor and director of FairPlane UK (www.fairplane.co.uk), Daniel Morris, described how despite it being possible for individuals to make their own claims for EU flight delay compensation from the airlines, it has historically proven to be far from easy to do so.
“It’s hard for individuals to make successful claims against the airlines for flight delay compensation. 70% of our customers report that their own attempts to contact the airlines regarding claims for flight delay compensation are ignored.
As a firm of solicitors, FairPlane UK has the experience and expertise that most individuals lack, when it comes to taking on the airlines. This ruling in the European Court of Justice should now make it easier for passengers to obtain any compensation they are legally owed. The days when airlines refused to pay compensation because of ‘technical problems beyond their control’ are now hopefully over.”