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Old 4th October 2012 | 09:53
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ExXB
 
Joined: May 2009
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From: Confoederatio Helvetica
Airlines and their associations have no standing with the ECJ. Are you referring the UK court's request to the ECJ to reconsider their ruling in the Sturgen (sp) case?

If so the Advocate General has issued his recommendation that the court not reconsider their previous ruling. The court itself usually acts within a few months of the AG's recommendation but not always.

Even if the court maintains their original ruling this doesn't mean that all delays will be eligible for compensation. The ECJ said, in some cases, a delay could be considered a cancellation (and therefore eligible for compensation). But they declined to say what those circumstances would be. This means that national courts have no guidance and will have to make rulings based on the circumstances of each case. It is doubtful that any court would say that a two hour weather delay is the same as a cancellation. Perhaps a 24 hour delay, but who knows?
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