Friday, June 20, 2014

UK Court Allows Passengers 6 Years to File 261/2004 Claims

On the heels of its recent passenger-friendly ruling in Huzar, a UK court again came down on the side of passengers, this time ruling that passengers have up to six years to bring claims for compensation for delayed or cancelled flights. EU Regulation 261/2004, which, among other things, entitles passengers to compensation from airlines for flight cancellations or significant delays, does not set a statute of limitations on those claims leaving those limits to be set by the implementing Member States. In the UK, cases for unpaid debts are subject to a six-year statute of limitations which the UK courts had been applying to 261/2004 compensation and delay claims. In a case decided yesterday, Dawson v. Thomson Airways, the airline argued that the passenger's claim should be subject to the two-year limitation for air transport claims contained in the Montreal Convention. The Court rejected that view. This is just the latest attempt by courts to reconcile the provisions in 261/2004 with the Montreal Convention. Given the Court of Justice of the European Union's repeated rulings that the system of compensation under 261/2004 is not preempted by the Convention, it is reasonable to expect that system of compensation would not be limited by the Convention's statute of limitations.

http://lawprofessors.typepad.com/aviation/2014/06/uk-court-allows-passengers-6-years-to-file-2612004-claims.html

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