Graham & Anor v Thomas Cook Group [2012] EWCA Civ 1355 (23 July 2012)

Graham & Anor v Thomas Cook Group [2012] EWCA Civ 1355 (23 July 2012)

A breach of Article 8 of EC Regulation 261/2004 does not give rise to a private law claim for damages; remedies are limited to those provided by the Regulation and enforced by regulatory authorities. Claims for distress, third-party loss, or exemplary damages are not recoverable under the contract of carriage or at common law in these circumstances.

Citation
[2012] EWCA Civ 1355
Parties
Appellants: Graham & Anr; Respondent: Thomas Cook Group
Jurisdiction
England and Wales
Judgment Date
23 July 2012
Procedural Posture
Civil Appeal / Second Appeal From County Court Decision, Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Air Passenger Rights, Damages for Flight Cancellation, Interpretation of EC Regulation 261/2004, Montreal Convention Applicability, Remedies for Breach of Contract
Aviation Law Contract Law EU Law Air Passenger Rights Damages for Flight Cancellation Interpretation of EC Regulation 261/2004 Montreal Convention Applicability Remedies for Breach of Contract

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Parties

Graham & Anr

Appellants

Thomas Cook Group

Respondent

Procedural Posture

Civil Appeal / Second Appeal From County Court Decision, Court of Appeal Judgment

Legal Issues

  1. 1 Does breach of Article 8 of EC Regulation 261/2004 give rise to a civil action for damages?
  2. 2 Are damages for distress, third-party loss, or exemplary damages recoverable for breach of contract of carriage in these circumstances?
  3. 3 Does the Montreal Convention preclude alternative claims for damages?

Ratio Decidendi

A breach of Article 8 of EC Regulation 261/2004 does not give rise to a private law claim for damages; remedies are limited to those provided by the Regulation and enforced by regulatory authorities. Claims for distress, third-party loss, or exemplary damages are not recoverable under the contract of carriage or at common law in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • Claim struck out
  • No damages recoverable under Regulation 261/2004 or contract of carriage