MURIAL VERGARA AGAINST RYANAIR Ltd [2014] ScotSC 80 (06 August 2014)

MURIAL VERGARA AGAINST RYANAIR Ltd [2014] ScotSC 80 (06 August 2014)

A claim for compensation under EU Regulation 261/2004 is not a claim for damages and is not subject to the two-year contractual limitation period in Ryanair's General Conditions of Carriage. The right to compensation under the Regulation arises irrespective of negligence or breach of contract, and the contractual limitation clause does not apply to such claims.

Citation
[2014] ScotSC 80
Parties
Pursuer and Appellant: Murial Vergara and Murial Vergara as legal representative of her son Brodie-Gael Vergara Morrison; Defender and Respondent: Ryanair Limited
Jurisdiction
Scotland
Judgment Date
06 August 2014
Procedural Posture
Small Claims Appeal / Appeal From Sheriff to Sheriff Principal
Outcome
Appeal allowed; action not time barred; case remitted to sheriff for further proceedings.
Legal Topics
Air Passenger Rights, Limitation of Actions, Interpretation of Contractual Terms, EU Regulation 261/2004, Unfair Contract Terms
Aviation Law Contract Law Consumer Protection European Union Law Air Passenger Rights Limitation of Actions Interpretation of Contractual Terms EU Regulation 261/2004 +1 more

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Parties

Murial Vergara and Murial Vergara as legal representative of her son Brodie-Gael Vergara Morrison

Pursuer and Appellant

Ryanair Limited

Defender and Respondent

Procedural Posture

Small Claims Appeal / Appeal From Sheriff to Sheriff Principal

Legal Issues

  1. 1 Whether a claim for compensation under EU Regulation 261/2004 is time barred by a two-year contractual limitation period in Ryanair's General Conditions of Carriage
  2. 2 Whether 'compensation' under the Regulation is equivalent to 'damages' under the contract
  3. 3 Whether the contractual limitation clause is consistent with EU Regulation 261/2004

Ratio Decidendi

A claim for compensation under EU Regulation 261/2004 is not a claim for damages and is not subject to the two-year contractual limitation period in Ryanair's General Conditions of Carriage. The right to compensation under the Regulation arises irrespective of negligence or breach of contract, and the contractual limitation clause does not apply to such claims.

Court Disposition

Appeal allowed; action not time barred; case remitted to sheriff for further proceedings.

Orders

  • Recall of sheriff’s interlocutor of 23 January 2014
  • Remit to sheriff to determine if cancellation was caused by extraordinary circumstances