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

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

Regulation (EC) No 261/2004 (as amended) applies to non-Community carriers for journeys commencing in the UK/EU, and compensation under Article 7 is triggered by delay at the final destination, regardless of whether the delay occurred on a connecting flight outside the EU. The territoriality principle is satisfied by the departure from the EU, and the quantification of delay at the final destination does not offend against extraterritoriality. The claimant is entitled to compensation for the delay in arrival at Austin, Texas.

Citation
[2021] EWHC 1336 (QB)
Parties
Claimant: Marjolyn Varano; Defendant: Air Canada
Jurisdiction
England and Wales
Judgment Date
17 May 2021
Procedural Posture
Civil / High Court Judgment
Outcome
Claim allowed
Legal Topics
Flight Delay Compensation, Jurisdiction of EU Law, Extraterritoriality, Interpretation of Regulation (ec) No 261/2004
Aviation Law EU Law Consumer Protection Flight Delay Compensation Jurisdiction of EU Law Extraterritoriality 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 20 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Marjolyn Varano

Claimant

Air Canada

Defendant

Procedural Posture

Civil / High Court Judgment

Legal Issues

  1. 1 Does Regulation (EC) No 261/2004 apply to a non-Community carrier for delay arising on a connecting flight outside the EU when the journey commenced in the EU?
  2. 2 Is compensation under Article 7 of Regulation 261 due for delay at the final destination when the delay occurred on a non-EU leg operated by a non-Community carrier?
  3. 3 Does the principle of extraterritoriality preclude the application of Regulation 261 in these circumstances?

Ratio Decidendi

Regulation (EC) No 261/2004 (as amended) applies to non-Community carriers for journeys commencing in the UK/EU, and compensation under Article 7 is triggered by delay at the final destination, regardless of whether the delay occurred on a connecting flight outside the EU. The territoriality principle is satisfied by the departure from the EU, and the quantification of delay at the final destination does not offend against extraterritoriality. The claimant is entitled to compensation for the delay in arrival at Austin, Texas.

Court Disposition

Claim allowed

Orders

  • Air Canada to pay €600 compensation to Marjolyn Varano under Article 7 of Regulation 261