Blanche v Easyjet Airline Company Ltd [2019] EWCA Civ 69 (06 February 2019)

Blanche v Easyjet Airline Company Ltd [2019] EWCA Civ 69 (06 February 2019)

Recital 15 of Regulation (EC) No.261/2004 prescriptively deems the impact of an ATMD causing delay as extraordinary circumstances, and courts are not required to investigate the underlying cause of the ATMD. The carrier is exempt from compensation if all reasonable measures were taken to avoid the delay.

Citation
[2019] EWCA Civ 69
Parties
Appellant/claimant: Daniel Blanche; Respondent/defendant: EasyJet Airline Company Limited
Jurisdiction
England and Wales
Judgment Date
06 February 2019
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Flight Delay Compensation, Extraordinary Circumstances, Air Traffic Management Decisions, Interpretation of Regulation (ec) No.261/2004
Aviation Law European Union Law Consumer Protection Flight Delay Compensation Extraordinary Circumstances Air Traffic Management Decisions Interpretation of Regulation (ec) No.261/2004

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Daniel Blanche

Appellant/claimant

EasyJet Airline Company Limited

Respondent/defendant

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether an air traffic management decision (ATMD) causing flight delay constitutes 'extraordinary circumstances' under Regulation (EC) No.261/2004
  2. 2 Whether courts should examine the underlying cause of an ATMD to determine if it is extraordinary
  3. 3 Applicability of Recital 15 to ATMDs affecting multiple flights

Ratio Decidendi

Recital 15 of Regulation (EC) No.261/2004 prescriptively deems the impact of an ATMD causing delay as extraordinary circumstances, and courts are not required to investigate the underlying cause of the ATMD. The carrier is exempt from compensation if all reasonable measures were taken to avoid the delay.

Court Disposition

Appeal dismissed

Orders

  • No compensation payable to appellant under Regulation (EC) No.261/2004
  • No reference to the CJEU deemed necessary