EU court ruling expands pax compensation

PASSENGERS on EU
airlines and on non-EU
airlines departing from the
European Union will be
entitled to compensation
if they are delayed as a
result of strikes, even
‘wildcat strikes’ (those
not formally initiated by a
trade union).
This was the ruling of
the EU Court of Justice
in a recent case against
German airline, TUIfly.
EU regulations entitle
passengers on a
delayed flight the right
to compensation of
up to €600 (R9 000).
However, airlines are
exempt from paying in the
event of ‘extraordinary
circumstances’, which
could not have been
reasonably avoided.
The ruling was made
after several cases were
brought against TUIfly,
which was affected by a
wildcat strike in 2016.
While the airline argued
this was an extraordinary
circumstance, the court
ruled against this.
The court stated that
“the ‘wildcat strike’
at issue in the main
proceedings cannot be
regarded as beyond the
actual control of the
air carrier concerned”
and therefore could
not be classified as
an ‘extraordinary
circumstance’.