Airline association takes case to court of justice

The High Court in London yesterday referred to the European Court of Justice (ECJ) the European Low Fares Airline Association’s (ELFAA) legal challenge to EU Regulation on Air Passenger Compensation for denied boardings, long delays and cancellations.

As the 11 members of ELFAA did not have standing to challenge the regulation directly before to the European Courts, the referral of the case by the London Court was essential for the group.

London’s High Court found that the regulation, which comes into force in February 2005, would cause great damage to the European airline industry and therefore requested the ECJ to deal with this case as a matter of urgency.

Wolfgang Kurth, President of ELFAA and CEO of German low fares airline Hapag-Lloyd Express said: “We are delighted that the High Court has referred our case to the only court competent to overturn this absurd legislation – the European Court of Justice.

“ELFAA is very supportive of legislation which actually benefits the consumer.

“However, this legislation not only makes airlines pay when it is their fault but also holds them responsible for all long delays and cancellations outside of their control – and it is even in direct conflict with existing International law.

“The fixed sum payable as compensation in the case of cancelled flights is disproportionate to the level of the low fares paid by consumers.

“It is punitive on airlines and will ultimately deny consumers the choice of having low fares.”

ELFAA Members include Ryanair, Air Berlin, BasiqAir, Transavia, Flybe, Sky Europe, Sverige Flyg, Volareweb, Sterling, Hapag-Lloyd Express and WIZZ Air, who together carry more than 50 million passengers per year.

Shares in Ryanair were trading down 1c at €4.71 on the ISEQ at 10.30am today.