The Civil Aviation Authority v Ryanair DAC (Rev1) [2021] EWHC 1476 (Ch) (29 April 2021)

The Civil Aviation Authority v Ryanair DAC (Rev1) [2021] EWHC 1476 (Ch) (29 April 2021)

Strikes by Ryanair's own staff, even if union-led and involving robust or extreme demands, are inherent in the normal activities of the air carrier and do not constitute 'extraordinary circumstances' under Article 5(3) of Regulation (EC) 261/2004. Therefore, Ryanair is not exempt from paying compensation to passengers for flight cancellations caused by such strikes.

Citation
[2021] EWHC 1476 (Ch)
Parties
Claimant: The Civil Aviation Authority; Defendant: Ryanair DAC
Jurisdiction
England and Wales
Judgment Date
29 April 2021
Procedural Posture
Claim Under Part 8 of the Enterprise Act 2002 (enforcement Proceedings) / High Court Judgment
Outcome
Claim allowed; enforcement order granted against Ryanair.
Legal Topics
Flight Cancellation Compensation, Extraordinary Circumstances Under Regulation (ec) 261/2004, Industrial Action and Employer Liability, Interpretation of Consumer Protection Regulations
Aviation Law Consumer Protection EU Law Flight Cancellation Compensation Extraordinary Circumstances Under Regulation (ec) 261/2004 Industrial Action and Employer Liability Interpretation of Consumer Protection Regulations

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Parties

The Civil Aviation Authority

Claimant

Ryanair DAC

Defendant

Procedural Posture

Claim Under Part 8 of the Enterprise Act 2002 (enforcement Proceedings) / High Court Judgment

Legal Issues

  1. 1 Whether strikes by Ryanair staff in 2018 constituted 'extraordinary circumstances' under Article 5(3) of Regulation (EC) 261/2004, thereby exempting Ryanair from paying compensation to passengers for cancelled flights.

Ratio Decidendi

Strikes by Ryanair's own staff, even if union-led and involving robust or extreme demands, are inherent in the normal activities of the air carrier and do not constitute 'extraordinary circumstances' under Article 5(3) of Regulation (EC) 261/2004. Therefore, Ryanair is not exempt from paying compensation to passengers for flight cancellations caused by such strikes.

Court Disposition

Claim allowed; enforcement order granted against Ryanair.

Orders

  • Ryanair is required to pay compensation to passengers for flights cancelled due to the 2018 strikes, as the strikes do not constitute extraordinary circumstances under Article 5(3) of Regulation (EC) 261/2004.