Airlines could yet avoid paying out compensation to passengers for flight delays due to technical problems after Jet2.com said it would take its legal battle against a UK passenger to the Supreme Court.
Jet2 is asking the court to allow it to appeal a ruling by the Court of Appeal last month, which ordered the company to compensate Ronald Huzar for a flight that was delayed by 27 hours due to a technical error.
The Court of Appeal judges ruled that the problem should have been picked up during routine maintenance and therefore the airline could not claim that the delay was caused by the sort of “exceptional circumstance” that would have allowed it to avoid paying compensation under EU 261.
A reprt by TravelMole says that law firm Bott & Co, which represented Mr Huzar, predicted the ruling would lead to thousands of claims against airlines.
However, it said Jet2’s decision to appeal to the Supreme Court meant that now those claims would be put on hold for months and maybe years.
It will take at least three to four months for the Supreme Court to decide whether to allow Jet2’s appeal as the court closes in August until October.
If the appeal is allowed, Bott & Co said passengers might have to wait at least a year and possibly up to four years for the outcome.
The firm said it was representing around 10,000 other passengers with claims against airlines under EU 261 for long delays caused by aircraft technical problems.
Senior partner David Bott told TravelMole: “It is disappointing that Jet2.com has decided to seek permission to appeal. Their submissions are largely the same as those which were unsuccessful at Manchester County Court and at the Court of Appeal.
” In effect they are running an argument which has failed twice and which has already been decided upon in several cases in the Court of Justice of the European Union.”