PPRuNe Forums - View Single Post - Ryanair pax held for 3 hours in 50C heat, then evac by slide
Old 9th Jul 2011, 12:37
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Nicholas49
 
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Thought I would offer some perspective on the legal aspect of this incident and 'give something back'. Must make clear though I am no expert on either Spanish or Irish law so what I say comes with a heavy English law bias.

The fact that the airline is an Irish-registered company and this incident happened in Spain does not really complicate matters as a result of:

Council Regulation (EC) No 44/2001 (full text here)

In particular Article 5(3) copied below with my additions in square brackets:

"A person [the airline] domiciled in a Member State [Ireland] may, in another
Member State [Spain], be sued: in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred [Lanzarote, Spain] or may occur;
Consequently, this European law would enable a Spanish (or any other EU national for that matter) passenger on this flight to sue the airline in Spanish courts for any tort committed. The most likely tort would be the tort of negligence committed by the commander and potentially also his employer, the airline, through employers' liability - as expained by L337), although this would obviously have to be proven in court.

The advert at the bottom of this page (no, not the one of an aircraft) is very distracting.
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