Gahan v Emirates

Gahan v Emirates

Regulation 261/2004 applies to non-Community carriers for flights departing EU airports, and compensation for delay is calculated by reference to the delay at the final destination, including connecting flights, regardless of whether the final destination is outside the EU. EU law governs the compatibility of Regulation 261/2004 with the Montreal Convention, and national courts are bound by CJEU interpretation.

Parties
Appellant: Thea Gahan; Respondent: Emirates; Appellant: Darren Buckley; Appellant: Karen Buckley; Appellant: Jordan Buckley; Intervener: Civil Aviation Authority; Intervener: International Air Transport Association
Jurisdiction
England and Wales
Judgment Date
12 October 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Gahan's appeal allowed; Emirates' appeal dismissed.
Legal Topics
Flight Delay Compensation, Extraterritoriality, Montreal Convention, Warsaw Convention, Regulation 261/2004, Jurisdictional Competence
Aviation Law EU Law Consumer Protection Flight Delay Compensation Extraterritoriality Montreal Convention Warsaw Convention Regulation 261/2004 +1 more

Case Brief

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Parties

Thea Gahan

Appellant

Emirates

Respondent

Darren Buckley

Appellant

Karen Buckley

Appellant

Jordan Buckley

Appellant

Civil Aviation Authority

Intervener

International Air Transport Association

Intervener

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Regulation 261/2004 applies to non-Community carriers for flights departing EU airports with final destinations outside the EU
  2. 2 Whether compensation for delay should be calculated by reference to delay at final destination including connecting flights
  3. 3 Compatibility of Regulation 261/2004 with the Montreal Convention for non-Community carriers

Ratio Decidendi

Regulation 261/2004 applies to non-Community carriers for flights departing EU airports, and compensation for delay is calculated by reference to the delay at the final destination, including connecting flights, regardless of whether the final destination is outside the EU. EU law governs the compatibility of Regulation 261/2004 with the Montreal Convention, and national courts are bound by CJEU interpretation.

Court Disposition

Gahan's appeal allowed; Emirates' appeal dismissed.

Orders

  • Passengers entitled to compensation under Regulation 261/2004 for delay at final destination.
  • Emirates to pay compensation as per Article 7 of Regulation 261/2004.