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Court says bird strikes are not extraordinary circumstances
The European Court of Justice has ruled that bird strikes do not count as an ‘extraordinary circumstance’, potentially opening the floodgate to tens of thousands of compensation claims.
In a Czech case where a delay was caused by a bird strike, Advocate General Bot said airlines should be responsible for compensation for delays caused by bird strikes.
Law firm Bott & Co believes this could open the door for £84 million in compensation to be paid to UK passengers, many of who currently have their claim on hold.
Although the opinion of the Advocate General is not legally binding, Bott & Co said it ‘is usually consistent with the official judgment that is expected to follow in the coming months and should be considered a powerful comment on this legal argument’.
The judgment would be legally binding throughout Europe, including the UK courts.
Bott & Co is currently representing a family who were delayed 36 hours on their return from Turkey with easyJet.
It said this case is currently being fast tracked at Luton County Court with a hearing expected on September 12.
Previously, both Manchester and Liverpool courts, which hear the majority of UK flight compensation cases, have both ruled in favour of passengers but have chosen to ‘stay’ the cases until there is a further ruling.
Bott & Co’s Kevin Clarke said: "We have always argued that bird strikes are claimable cases, and have consistently seen courts in the UK take that position.
"We’re delighted that Advocate General Bot has confirmed that interpretation today.
"This regulation now has a decade long history of complicated legal argument after complicated argument raised by the airlines. Every time a big issue like this has gone before a senior court they have returned in favour of the passengers.
"We’ll be speaking to the courts and airlines in the coming days and urging them to take note of the opinion of the Advocate General."
Bev
Editor in chief Bev Fearis has been a travel journalist for 25 years. She started her career at Travel Weekly, where she became deputy news editor, before joining Business Traveller as deputy editor and launching the magazine’s website. She has also written travel features, news and expert comment for the Guardian, Observer, Times, Telegraph, Boundless and other consumer titles and was named one of the top 50 UK travel journalists by the Press Gazette.
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