Blanche v Easyjet Airline Company Ltd

Blanche v Easyjet Airline Company Ltd

Recital 15 of Regulation (EC) No.261/2004 prescribes that an ATMD causing delay should be deemed an extraordinary circumstance, and courts are not required to investigate the underlying reasons for the ATMD. The carrier's lack of control over the ATMD and satisfaction of reasonable measures requirement entitles it to the Article 5(3) defence against compensation claims.

Parties
Appellant/claimant: Daniel Blanche; Respondent/defendant: EasyJet Airline Company Limited
Jurisdiction
England and Wales
Judgment Date
06 February 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Flight Delay Compensation, Extraordinary Circumstances, Air Traffic Management Decisions, Interpretation of Regulation (ec) No.261/2004
Aviation Law Consumer Protection European Union Law 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 5 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

Civil Appeal / Court of Appeal Judgment

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 investigate the underlying reasons for an ATMD to determine if the delay is extraordinary
  3. 3 Applicability of Recital 15 versus Recital 14 in the Regulation

Ratio Decidendi

Recital 15 of Regulation (EC) No.261/2004 prescribes that an ATMD causing delay should be deemed an extraordinary circumstance, and courts are not required to investigate the underlying reasons for the ATMD. The carrier's lack of control over the ATMD and satisfaction of reasonable measures requirement entitles it to the Article 5(3) defence against compensation claims.

Court Disposition

Appeal dismissed

Orders

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