Ryanair is appealing to the EU Court of Justice against regulations which it claims makes the airline responsible for ‘Act of God’ events like volcanic ash.
A passenger, who was stranded when the volcanic ash airspace closures in April 2010 grounded Ryanair flights, launched the test case under the EU 261 regulations on passenger rights.
Although the airline gave in to pressure and agreed to comply with the regulation and pay "reasonable receipted expenses" to all passengers, Ryanair defended its position and said it would lobby against the rules.
The airline told the Strasbourg court today that the regulations are discriminating and unfit for purpose as it placed an unlimited right to care or compensation burden on airlines.
It asked for clarification on
- whether the airspace closures were ‘extraordinary circumstances’
- whether airlines have to compensate passengers for these "Act of God" cancellations when travel insurance companies bear no liability
- whether the duty of care should limited in line with other transport
Ryanair’s Stephen McNamara said: "Airlines should not have to shoulder unlimited liability for passenger costs for "Act of God" events which are entirely beyond their control when competing rail, coach and ferry operations enjoy limits on their obligations."
The outcome of the case is not expected for a month or two.
The airline will open its new Budapest base on 17 February as it confirms record bookings on its routes from Budapest since the closure of Hungarian airline, Malev.
Ryanair has announced further expansion with a 5th based aircraft planned, a new route from Budapest to Tampere and 42 more weekly flights from the hub.
Ryanair’s Michael O’Leary said: "Ryanair’s new Budapest base will make up much of the traffic lost following Malev’s closure, but at fares which are less than one quarter of Malev’s fares and less than half the fares of the other high fare airline Wizzair."
By Diane Evans
