The Civil Aviation Authority v Ryanair DAC

The Civil Aviation Authority v Ryanair DAC

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 for flight cancellations caused by such strikes.

Parties
Claimant/respondent: The Civil Aviation Authority; Defendant/appellant: Ryanair DAC
Jurisdiction
England and Wales
Judgment Date
02 February 2022
Procedural Posture
Civil 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 Employment Disputes, Interpretation of EU Regulations Post Brexit
Aviation Law Consumer Protection EU Law Flight Cancellation Compensation Extraordinary Circumstances Under Regulation (ec) No 261/2004 Strike Action and Employment Disputes Interpretation of EU Regulations Post Brexit

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Parties

The Civil Aviation Authority

Claimant/respondent

Ryanair DAC

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether strikes by airline employees constitute 'extraordinary circumstances' under Regulation (EC) No 261/2004, article 5(3), exempting the carrier from compensation liability
  2. 2 Whether the involvement of trade unions or the nature of employee demands affects the classification of strikes as 'extraordinary circumstances'

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 for flight cancellations caused by such strikes.

Court Disposition

Appeal dismissed

Orders

  • Ryanair is required to pay affected passengers compensation in accordance with article 7 of Regulation (EC) No 261/2004 as previously ordered by the High Court.