Cityboy62 wrote:Technical defects typically do not come under 'events outside their control' with respect to Regulation EC 261/2004 following the Wallentin-Hermann judgement: http://eur-lex.europa.eu/LexUriServ/Lex ... 49:EN:HTML.
A number of decisions have been made in the National courts in the passengers' favour which have followed the judgement in circumstances where technical issues were cited as the reason for a cancellation or delay.
As the aircraft was fit for service when it departed compensation (or not) would probably come under "events outside their control".
Technical defects typically do not come under 'events outside their control' with respect to Regulation EC 261/2004 following the Wallentin-Hermann judgement: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007J0549:EN:HTML.
A number of decisions have been made in the National courts in the passengers' favour which have followed the judgement in circumstances where technical issues were cited as the reason for a cancellation or delay.
The difference is that the aircraft mentioned in the above quote had not departed. As Mark says can you anticipate that something is going to happen when the aircraft is airborne? No you cannot. It was fit for service when it departed and departed more or less on schedule.
