Gahan v Emirates [2017] EWCA Civ 1530 (12 October 2017)

Gahan v Emirates [2017] EWCA Civ 1530 (12 October 2017)

Under EU law, compensation for flight delay under Regulation 261 is determined by the delay in arrival at the final destination, including directly connecting flights, regardless of whether the carrier is a Community or non-Community carrier. Regulation 261 applies to non-Community carriers for flights departing from the EU, and such compensation is not precluded by the Montreal Convention. The compatibility of Regulation 261 with the Montreal Convention is a matter of EU law, and the CJEU's interpretation is binding.

Citation
[2017] EWCA Civ 1530
Parties
Appellant (b2/2016/2856): Miss Thea Gahan; Respondent (b2/2016/2856); Appellant (b2/2017/0942): Emirates; Respondent (b2/2017/0942): Darren Buckley; Respondent (b2/2017/0942): Karen Buckley; Respondent (b2/2017/0942): Jordan Buckley; Intervener: Civil Aviation Authority; Intervener: International Air Transport Association
Jurisdiction
England and Wales
Judgment Date
12 October 2017
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeals allowed in part; Regulation 261 compensation applies to non-Community carriers for delay at final destination.
Legal Topics
Flight Delay Compensation, Interpretation of Regulation (ec) No 261/2004, Jurisdiction Over Non Community Carriers, Interaction With Montreal Convention, Extraterritoriality, Connecting Flights, Final Destination Definition
Aviation Law European Union Law Consumer Protection Flight Delay Compensation Interpretation of Regulation (ec) No 261/2004 Jurisdiction Over Non Community Carriers Interaction With Montreal Convention Extraterritoriality +2 more

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Parties

Miss Thea Gahan

Appellant (b2/2016/2856)

Emirates

Respondent (b2/2016/2856); Appellant (b2/2017/0942)

Darren Buckley

Respondent (b2/2017/0942)

Karen Buckley

Respondent (b2/2017/0942)

Jordan Buckley

Respondent (b2/2017/0942)

Civil Aviation Authority

Intervener

International Air Transport Association

Intervener

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether Regulation 261 compensation applies to non-Community carriers for connecting flights to destinations outside the EU
  2. 2 Whether delay at final destination (including connecting flights) is relevant for compensation under Regulation 261
  3. 3 Whether Regulation 261 is compatible with the Montreal Convention for non-Community carriers

Ratio Decidendi

Under EU law, compensation for flight delay under Regulation 261 is determined by the delay in arrival at the final destination, including directly connecting flights, regardless of whether the carrier is a Community or non-Community carrier. Regulation 261 applies to non-Community carriers for flights departing from the EU, and such compensation is not precluded by the Montreal Convention. The compatibility of Regulation 261 with the Montreal Convention is a matter of EU law, and the CJEU's interpretation is binding.

Court Disposition

Appeals allowed in part; Regulation 261 compensation applies to non-Community carriers for delay at final destination.

Orders

  • Miss Gahan entitled to compensation under Regulation 261 for delay at final destination.
  • Buckleys entitled to compensation under Regulation 261 for delay at final destination.