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.
حقائق
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'.
فیصلے کا خلاصہ
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.
اہم اقتباسات
"A technical problem is inherent in the normal exercise of the carrier's activity and does not constitute an extraordinary circumstance."
— Elias LJ
بعد کا علاج
Key English authority on the meaning of 'extraordinary circumstances' under Regulation 261/2004.