The Supreme Court has refused Emirates permission to appeal an earlier court ruling that said the airline must pay passengers for flight delays.
Judges yesterday upheld a decision made last autumn by the Court of Appeal that ruled Emirates must pay compensation to a customer who missed a connecting flight outside of the EU and was delayed by more than three hours.
Despite the UK Civil Aviation Authority claiming it was a ‘victory for consumers’ and provides clarity for both consumers and airlines, Emirates asked permission to appeal – a request that was thrown out by the Supreme Court yesterday.
In its decision, the Supreme Court stated that Emirates’ appeal did not raise an arguable point of law, because the Court of Justice of the European Union had already given a clear answer.
The decision means passengers of non-EU airlines, who are delayed on the first leg of a flight, which causes them to miss a connecting flight and, as a result, arrive at their final destination at least three hours late, can claim compensation of up to €600, even if the final destination is outside the EU.
The decision opens the floodgates to thousands of passengers who might have previously had their claim refused.
The CAA will now progress its enforcement action against Emirates to ensure that it complies with the law, requiring the airline to amend their policies and practices and to pay claims it had incorrectly refused previously.
CAA chief executive Andrew Haines said: "Emirates’ priority should be looking after its passengers, not finding ways in which they can prevent passengers accessing their rights.
"They have failed in their attempts to overturn the Court of Appeal Judgement, which now means that millions of pounds worth of compensation is due to its customers. It is time for Emirates to pay what is owed."
He added: "These types of court cases can be avoided when airlines commit to the Alternative Dispute Resolution scheme, to ensure a legally binding resolution to any disputed complaints about delays, cancellations and baggage. 35 airlines have already committed to ADR covering almost 80% of UK passenger journeys.
"This case highlights why it is so important for Emirates and the other remaining airlines, to follow suit in the interests of their passengers."
