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Flight delay from Europe? Airlines must pay


A judgment late last week in the UK Court of Appeal will mean that passengers who are delayed or denied boarding on flights departing Britain may now claim compensation under European regulation 261/2004 for up to six years after the claim for compensation was triggered.

As a result, many international air passengers who have experienced flight delays from Europe on or after June 2008 may now have money available to them which they did not know was available.

The case, Dawson v Thomson Airways Ltd, concerned an analysis of whether time limits set out in the Montréal Convention or the European regulation applied for the purposes of European delay compensation, and decided that the deadline to bring claims was actually that which was set out in the national law of the State in which a claim under EC 261/2004 was made.

The result is that, while airlines would like to limit claims they must pay to 2 years under the Montréal Convention, claims may be made six years after the particular flight delay which triggered the passenger’s right to compensation of up to €600.

Passengers are encouraged to contact the Shine Lawyers Aviation Law Department for a free appraisal of whether compensation is available, and for instructions or assistance in making claims.

Shine Lawyers Aviation Law Department advises on all aspects of aviation compensation and liability under Australian and international laws. Contact us today to find out more.

Written by Shine Lawyers on July 4, 2014. Last modified: September 26, 2018.

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