Ryanair loses latest round in ash cloud court battle
Ryanair’s fight to avoid paying hotels, meals and drinks for passengers affected by the Icelandic ash cloud has faced a setback.
The airline launched a legal case to argue that the eruption of the Eyjafjallajokull volcano in 2010 was such an ‘extraordinary’ event that the usual rules should not apply.
But in an ‘opinion’ issued earlier this week, Yves Bot, the advocate-general of the European Court of Justice, said airlines were not exempt, even if cancellations were caused by circumstances beyond their control.
Although the advocate’s ‘opinions’ are not binding, in most cases they are followed by the full court.
If that is the case, Ryanair will be forced to pay for the room and board for Denise McDonagh, whose flight from Faro to Dublin was cancelled during the ash cloud crisis, stranding her in Portugal for a week.
She sued Ryanair for €1,129 in the Dublin Metropolitan District Court, which then asked the European Court of Justice for an interpretation of the regulation.
Ryanair argued that, in this case, it should only be responsible for three nights’ accommodation, with a price cap of €80 a night, and with limits on food and drink expenses.
The ruling will have little impact on Ryanair’s finances, as the airline has settled all other claims, but it could have implications for airlines across Europe who argue for exemption from their obligations.
The advocate said the provision of care is "particularly important in the case of extraordinary circumstances which persist over a long time" and said airlines are able to pass on the cost to customers by increasing fares.
Following the publication of the opinion, Ryanair issued a statement pointing out that this was a test case.
Ryanair’s Stephen McNamara said: "Ryanair notes that the advocate general’s opinion is not binding on the court and we hope the final court decision will find in favour of Ryanair’s appeal and remove the blatant discrimination in the EU261 airline regulations, which expose airlines to unlimited liability even in cases such as volcanic ash which the airlines should not be held responsible for, whereas competing road, ferry and coach operators all have their EU261 liabilities limited by time and financial limits. This discrimination against EU airlines must end."
by Bev Fearis
Bev
Editor in chief Bev Fearis has been a travel journalist for 25 years. She started her career at Travel Weekly, where she became deputy news editor, before joining Business Traveller as deputy editor and launching the magazine’s website. She has also written travel features, news and expert comment for the Guardian, Observer, Times, Telegraph, Boundless and other consumer titles and was named one of the top 50 UK travel journalists by the Press Gazette.
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