Supreme Court rejects appeals from Jet2 and Thomson Airlines

The Supreme Court has today announced that it has rejected requests by and Thomson Airways to appeal the Court of Appeal of England and Wales' decisions regarding their liability to pay compensation to passengers after a travel delay.

The Supreme Court has declined to hear either airline’s appeal and the Court of Appeal judgement in each matter therefore stands.

Jet2’s appeal referred to whether an unforeseeable technical problem resulting in a delayed flight amounts to “extraordinary circumstances” for the purposes of Regulation (EC) No 261/2004.  

The Supreme Court refused because the application does not raise a point of law of general public importance and, in relation to the point of European Union law said to be raised by or in response to the application, it is not necessary to request the Court of Justice to give any ruling, because the Court’s existing jurisprudence already provides sufficient answer.”

Thomson Airway’s case reasoned whether the applicable limitation period for bringing a claim for compensation under Regulation (EC) No. 261/2004 is 2 years, pursuant to the Montreal Convention, or 6 years, pursuant to the Limitation Act 1980. 

The Court ordered that permission to appeal be refused in Thomson because the application does not raise an arguable point of law.

“We are delighted with the outcome of both these cases” Said Adeline Noorderhaven, UK Manager, EUclaim.  This is an absolute ‘win’ for passengers and now thousands more consumers will be entailed to the compensation they deserve”

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