Varano v Air Canada

Varano v Air Canada

Regulation 261/2004 (as amended) applies to journeys commencing in the UK/EU, including connecting flights booked as a single unit, regardless of whether the delay occurs outside the EU or is operated by a non-Community carrier. The regulation imposes a contingent liability at the point of departure, and the delay at the final destination is determinative for compensation. The principle of extraterritoriality does not preclude this application.

Parties
Claimant: Marjolyn Varano; Defendant: Air Canada
Jurisdiction
England and Wales
Judgment Date
17 May 2021
Procedural Posture
Civil / High Court Judgment After Transfer From County Court and Summary Judgment Application
Outcome
Claim allowed
Legal Topics
Flight Delay Compensation, Jurisdiction of EU Regulations, Extraterritoriality, Interpretation of Regulation 261/2004, Application to Non Community Carriers
Aviation Law EU Law Consumer Protection Flight Delay Compensation Jurisdiction of EU Regulations Extraterritoriality Interpretation of Regulation 261/2004 Application to Non Community Carriers

Case Brief

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Parties

Marjolyn Varano

Claimant

Air Canada

Defendant

Procedural Posture

Civil / High Court Judgment After Transfer From County Court and Summary Judgment Application

Legal Issues

  1. 1 Does Regulation 261/2004 (as amended) entitle the claimant to compensation for delay on a connecting flight operated by a non-Community carrier where the delay occurred outside the EU?
  2. 2 Does the principle of extraterritoriality or customary international law preclude the application of Regulation 261/2004 in these circumstances?

Ratio Decidendi

Regulation 261/2004 (as amended) applies to journeys commencing in the UK/EU, including connecting flights booked as a single unit, regardless of whether the delay occurs outside the EU or is operated by a non-Community carrier. The regulation imposes a contingent liability at the point of departure, and the delay at the final destination is determinative for compensation. The principle of extraterritoriality does not preclude this application.

Court Disposition

Claim allowed

Orders

  • Defendant to pay the claimant £520 as compensation for the delayed flight