Jet2.com Ltd v Huzar

Jet2.com Ltd v Huzar

Unforeseeable technical defects arising from the normal operation and wear and tear of an aircraft are inherent in the carrier's activity and do not constitute 'extraordinary circumstances' under Article 5(3) of Regulation (EC) No. 261/2004. Therefore, the carrier is not exempt from paying compensation for the delay.

Parties
Appellant: JET2. COM LIMITED; Respondent: RONALD HUZAR
Jurisdiction
England and Wales
Judgment Date
11 June 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Flight Delay Compensation, Extraordinary Circumstances Exception, Interpretation of Regulation (ec) No. 261/2004
Aviation Law Consumer Protection EU Law Flight Delay Compensation Extraordinary Circumstances Exception 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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

JET2. COM LIMITED

Appellant

RONALD HUZAR

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an unforeseeable technical defect constitutes 'extraordinary circumstances' under Article 5(3) of Regulation (EC) No. 261/2004, relieving the carrier from the obligation to pay compensation for flight delay.

Ratio Decidendi

Unforeseeable technical defects arising from the normal operation and wear and tear of an aircraft are inherent in the carrier's activity and do not constitute 'extraordinary circumstances' under Article 5(3) of Regulation (EC) No. 261/2004. Therefore, the carrier is not exempt from paying compensation for the delay.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the respondent is entitled to compensation under Article 7(1)(b) of Regulation (EC) No. 261/2004.