Campbell v Thomas Cook Tour Operations Ltd (Rev 1) [2014] EWCA Civ 1668 (30 October 2014)

Campbell v Thomas Cook Tour Operations Ltd (Rev 1) [2014] EWCA Civ 1668 (30 October 2014)

Paragraph 33(2) of Schedule 3 to the Equality Act 2010 excludes section 29 duties only for matters governed by Regulation (EC) No 1107/2006. The Regulation does not govern airport or check-in services at non-EU airports; therefore, section 29 applies and Thomas Cook is liable for discrimination.

Source-derived case information.

Citation
[2014] EWCA Civ 1668
Parties
Claimant/respondent: Janice Campbell; Defendant/appellant: Thomas Cook Tour Operations Limited
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Interpretation of Equality Act 2010, Application of EC Regulation 1107/2006, Jurisdictional Scope of Anti Discrimination Duties, Remedies for Disability Discrimination in Air Travel
Equality Law Disability Discrimination European Law Interpretation of Equality Act 2010 Application of EC Regulation 1107/2006 Jurisdictional Scope of Anti Discrimination Duties Remedies for Disability Discrimination in Air Travel

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Parties

Janice Campbell

Claimant/respondent

Thomas Cook Tour Operations Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Does paragraph 33(2) of Schedule 3 to the Equality Act 2010 exclude section 29 duties for airport services at non-EU airports?
  2. 2 Is the Regulation (EC) No 1107/2006 comprehensive and exclusive in its coverage of disability discrimination in air travel, including at non-EU airports?

Ratio Decidendi

Paragraph 33(2) of Schedule 3 to the Equality Act 2010 excludes section 29 duties only for matters governed by Regulation (EC) No 1107/2006. The Regulation does not govern airport or check-in services at non-EU airports; therefore, section 29 applies and Thomas Cook is liable for discrimination.

Court Disposition

Appeal dismissed

Orders

  • Thomas Cook remains liable for disability discrimination under section 29 of the Equality Act 2010
  • Damages of £7,500 to be paid to Janice Campbell