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Ryanair confirmed that its appeal will be heard at the EU Court of Justice (Strasbourg) on Thursday 9th Feb into the current EU 261 regulations which Ryanair believes is discriminating and unfit for purpose as it places an unlimited right to care and / or compensation burden on airlines during the 2010 volcanic ash airspace closures, which led to 17 days of flight cancelations across Europe in Apr/May 2010, which were totally beyond the control of EU airlines.
In defending this test case, taken by a passenger who had travelled with Ryanair to Faro and became stranded for 9 days as a result of the unnecessary volcanic ash airspace closures, Ryanair is requesting the EU Court of Justice to decide:
– If the volcanic ash airspace closures were ‘extraordinary circumstances’.
– If airlines should have to compensate passengers for these “Act of God” cancelations when travel insurance companies bear no liability.
– If the duty of care to airline passengers under EU261 should be capped in line with other forms of transport (road, rail and sea) to a monetary value and/or time duration.
Ryanair’s Stephen McNamara said: “Ryanair believes that the current EU passenger rights legislation (Reg EU261) is both discriminatory and unfit for purpose as it does not place airlines on an equal footing with competing road, rail and sea transport providers. EU261 places an unlimited right to care and compensation liability on airlines, who have been made the insurer of last resort as insurance companies and governments evade any responsibility for these unforseen extraordinary “Act of God” events.
Ryanair believes that the right to care and compensation obligations of airlines should be brought into line with those of competing coach, rail and ferry providers who have monetary and time limits placed in their EU261 liability. Airlines should not have to shoulder unlimited liability for passenger costs for “Act of God” events which are entirely beyond their control when competing rail, coach and ferry operations enjoy limits on their obligations.”
Theodore is the Co-Founder and Managing Editor of TravelDailyNews Media Network; his responsibilities include business development and planning for TravelDailyNews long-term opportunities.
