The Civil Aviation Authority v Ryanair DAC [2022] EWCA Civ 76 (02 February 2022)

The Civil Aviation Authority v Ryanair DAC [2022] EWCA Civ 76 (02 February 2022)

Strikes by an air carrier's own employees over pay or working conditions, even if called by trade unions and regardless of the reasonableness of demands, are inherent in the normal exercise of the carrier's activity and do not constitute 'extraordinary circumstances' under Article 5(3) of Regulation (EC) No 261/2004. Therefore, Ryanair is not exempt from paying compensation to passengers for flights cancelled due to such strikes.

Citation
[2022] EWCA Civ 76
Parties
Claimant/respondent: THE CIVIL AVIATION AUTHORITY; Defendant/appellant: RYANAIR DAC
Jurisdiction
England and Wales
Judgment Date
02 February 2022
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Flight Cancellation Compensation, Extraordinary Circumstances Under Regulation (ec) No 261/2004, Strike Action and Passenger Rights
Aviation Law Consumer Protection EU Law Flight Cancellation Compensation Extraordinary Circumstances Under Regulation (ec) No 261/2004 Strike Action and Passenger Rights

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Parties

THE CIVIL AVIATION AUTHORITY

Claimant/respondent

RYANAIR DAC

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether strike action by Ryanair employees in 2018 constituted 'extraordinary circumstances' under Article 5(3) of Regulation (EC) No 261/2004, exempting Ryanair from paying compensation to passengers for cancelled flights

Ratio Decidendi

Strikes by an air carrier's own employees over pay or working conditions, even if called by trade unions and regardless of the reasonableness of demands, are inherent in the normal exercise of the carrier's activity and do not constitute 'extraordinary circumstances' under Article 5(3) of Regulation (EC) No 261/2004. Therefore, Ryanair is not exempt from paying compensation to passengers for flights cancelled due to such strikes.

Court Disposition

Appeal dismissed

Orders

  • Ryanair must pay compensation to affected passengers as required by Article 7 of Regulation (EC) No 261/2004.