Huzar v Jet2.com Ltd
[2014] EWCA Civ 791
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
A technical fault with an aircraft is not an 'extraordinary circumstance' within the meaning of EU Regulation 261/2004 that would exempt the airline from paying compensation for flight delays.
Facts
A Jet2 flight was delayed by over 27 hours due to a technical problem with the aircraft. The airline refused compensation, claiming the technical fault was an 'extraordinary circumstance'.
Judgment Summary
The Court of Appeal held that a technical fault inherent in the normal operation of the aircraft is not extraordinary. Only events beyond the carrier's actual control (e.g., hidden manufacturing defect, sabotage) could qualify.
Key Quotes
"A technical problem may indeed constitute an extraordinary circumstance provided it stems from an event which is not inherent in the normal exercise of the activity of the air carrier concerned and is an event which is outside the carrier’s control."
— the Court(verbatim, verified against the judgment)
Subsequent Treatment
Key English authority on the meaning of 'extraordinary circumstances' under Regulation 261/2004.
What To Do Next
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