The Civil Aviation Authority v Ryanair DAC (Rev1)

The Civil Aviation Authority v Ryanair DAC (Rev1)

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

Parties
Claimant: The Civil Aviation Authority; Defendant: Ryanair DAC
Jurisdiction
England and Wales
Judgment Date
29 April 2021
Procedural Posture
Claim / Judgment
Outcome
Claim allowed
Legal Topics
Flight Cancellation Compensation, Extraordinary Circumstances, Industrial Action, Enforcement Proceedings
Consumer Protection Aviation Law European Union Law Flight Cancellation Compensation Extraordinary Circumstances Industrial Action Enforcement Proceedings

Case Brief

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Parties

The Civil Aviation Authority

Claimant

Ryanair DAC

Defendant

Procedural Posture

Claim / Judgment

Legal Issues

  1. 1 Whether air crew strikes constitute 'extraordinary circumstances' under Article 5(3) of Regulation (EC) 261/2004, exempting Ryanair from paying compensation for flight cancellations

Ratio Decidendi

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

Court Disposition

Claim allowed

Orders

  • An enforcement order is made requiring Ryanair to pay compensation for flight cancellations caused by the strikes.