Publication date: 21.02.2025
Has been practicing law since 2019. Currently, represents the interests of one of the largest airlines in Europe in the German and Austrian markets. Has over ten years of experience as an international lawyer. Has worked at the Ministry of the Interior of Austria at the embassy in Kyiv.
Case: Defense of an Airline in a Claim for Compensation Due to Flight Delay
The plaintiff filed a lawsuit against the client – an airline – demanding 400 EUR in compensation under the transportation contract. The basis for the claim was a breach of the contract terms due to a flight delay. The plaintiff argued that the airline failed to provide the transportation service on time, causing them financial losses.
The court decided to review the case under simplified proceedings, without summoning the parties.
Defense Position
In defending the airline's interests, the lawyer referred to Regulation (EC) 261/2004, which governs compensation and assistance for passengers in the event of flight delays. This regulation defines exceptions for airlines if the delay was caused by circumstances beyond the carrier’s control.
It was proven that the flight delay occurred due to extraordinary circumstances:
- Meteorological conditions – The weather conditions on the day of the flight were incompatible with safe flight operations.
- Security risks – There were risks affecting flight safety.
- Air traffic control restrictions – Warnings and restrictions from Eurocontrol prevented the flight from being conducted as scheduled.
To support its position, the airline provided the following evidence:
- Meteorological reports
- Flight operation plans
- Airline security reports
- Eurocontrol warnings and flight restrictions
Court Decision
The court, after evaluating the submitted evidence in terms of relevance, admissibility, and credibility, determined that the airline took all possible measures to avoid the flight delay. The delay was caused by circumstances beyond the airline’s control.
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The court ruled to dismiss the claim, based on the following reasons:
Proven extraordinary circumstances – The delay was caused by adverse weather conditions and air traffic control restrictions.
Airline’s actions – The carrier took all possible measures to minimize the delay and ensure passenger safety.
Responsible conduct – The airline acted within its competence and did not breach the terms of the transportation contract.
Role of the "Consultant" Legal Marketplace in Airline Defense
During the preparation for the airline’s legal defense, the law firm representing the company utilized the services of the "Consultant" legal marketplace for quick consultations and the preparation of necessary documents.
- Legal Services – Through the platform, lawyers representing the airline were able to consult international aviation law experts to clarify the nuances of carrier liability for flight delays.
- Consultations – Throughout the case, the legal team regularly received expert advice on European regulations, helping them validate their arguments regarding unforeseen circumstances that led to the delay.
- Documentation – By using "Consultant", the airline quickly obtained the necessary legal documents and expert opinions, which helped effectively defend its case in court.
- Lawyer Ratings – The selection of lawyers for this case was made using the platform’s rating system, allowing the airline to choose the best specialists for handling complex legal matters.
- Secure Transactions – The platform "Consultant" was used to prepare legal documents and ensure transparent and reliable transactions with counterparties.
Questions and answers on air transportation from Consultant
Questions
What are passenger rights for flight delays?
Аnswers
Passengers are entitled to flight delay compensation if their flight is delayed by 3 hours or more under Regulation (EC) 261/2004.
Questions
What should I do if the airline does not refund the money for an unused ticket?
Аnswers
You need to submit an application to the airline. If the airline refuses, you should file a lawsuit for a refund or reimbursement through the court.
Questions
how to get compensation for a canceled flight ?
Аnswers
You need to file a claim with the airline. If the airline does not refund the money, you can file a lawsuit against the airline.
Questions
Is it possible to compensate 400 EUR for a flight up to 3500 km?
Аnswers
For example, according to Regulation (EC) 261/2004, a passenger is entitled to compensation in the amount of EUR 400 per flight up to 3500 km in the event of a flight delay or cancellation.
Questions
Can I contact an aviation lawyer to recover compensation?
Аnswers
Thus, an aviation lawyer will help you to properly file a claim against the airline and represent your interests in court.
Questions
What are the rights of passengers in case of flight delay?
Аnswers
Passengers are entitled to compensation for flight delays of 4 hours or more. In this case, the compensation is 250 EUR compensation for flights up to 1500 km , 400 EUR compensation for flights up to 3500 km , and 600 EUR compensation for long-haul flights , in accordance with Regulation (EC) 261/2004.
Questions
Сan I get reimbursement for damaged baggage ?
Аnswers
Yes, passengers can seek reimbursement for damaged baggage or compensation for lost baggage under the Montreal Convention compensation rules.
Questions
What to do in case of denied boarding due to overbooking?
Аnswers
In case of denied boarding, passengers are entitled to compensation for denied boarding in accordance with Regulation (EC) 261/2004.
This case demonstrates the importance of a proper legal assessment of the circumstances and presentation of proper evidence to protect the client's interests. The airline's successful defense was made possible by a detailed analysis of the circumstances of the flight delay and the provision of all the necessary evidence to substantiate its position in court.
Іf your company is facing similar claims, timely legal advice from a professional lawyer will significantly increase the chances of successful defense. The use of the legal platform “Consultant” can greatly simplify this process by providing prompt advice and assistance in preparing documents.
Contact us for advice: +380636250303
