Varano v Air Canada [2021] EWHC 1336 (QB) (17 May 2021)

Varano v Air Canada [2021] EWHC 1336 (QB) (17 May 2021)

Regulation 261 (as amended) applies to non-Community carriers operating flights departing from the UK under a single booking, and compensation is due for delays at the final destination, regardless of where the delay occurs. The contingent liability is imposed when the carrier operates the flight from the UK, and the principle of territoriality is not breached by quantifying compensation based on events outside the UK/EU. Existing CJEU and Court of Appeal authority is binding and directly answers the issues raised.

Citation
[2021] EWHC 1336
Parties
Claimant: Marjolyn Varano; Defendant: Air Canada
Jurisdiction
England and Wales
Judgment Date
17 May 2021
Procedural Posture
Civil Claim for Flight Delay Compensation / High Court Judgment After Transfer From County Court
Outcome
Claim allowed
Legal Topics
Flight Delay Compensation, Jurisdiction of EU Regulations, Extraterritorial Application of Law, Interpretation of Regulation (ec) No 261/2004
Aviation Law EU Law Consumer Protection Flight Delay Compensation Jurisdiction of EU Regulations Extraterritorial Application of Law Interpretation of Regulation (ec) No 261/2004

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Parties

Marjolyn Varano

Claimant

Air Canada

Defendant

Procedural Posture

Civil Claim for Flight Delay Compensation / High Court Judgment After Transfer From County Court

Legal Issues

  1. 1 Does Regulation (EC) No 261/2004 apply to non-Community carriers for connecting flights departing from the UK with delays occurring outside the EU?
  2. 2 Is compensation under Article 7 of Regulation 261 due when the delay occurs on a non-EU leg of a journey booked as a single reservation with a non-Community carrier?
  3. 3 Does the principle of territoriality or international law preclude such application?

Ratio Decidendi

Regulation 261 (as amended) applies to non-Community carriers operating flights departing from the UK under a single booking, and compensation is due for delays at the final destination, regardless of where the delay occurs. The contingent liability is imposed when the carrier operates the flight from the UK, and the principle of territoriality is not breached by quantifying compensation based on events outside the UK/EU. Existing CJEU and Court of Appeal authority is binding and directly answers the issues raised.

Court Disposition

Claim allowed

Orders

  • Air Canada to pay €600 compensation to the Claimant under Article 7 of Regulation 261