2

I had a delayed connecting flight Poland-Germany-Switzerland, for which I'd like to claim compensation based on ec261. I contacted the airline (eurowings) to no avail. I'd like to push the claim through the civil aviation organization. But, different countries have different expiry time for the claim- it already expired in Poland. Are there any guidelines regarding in which member state I can claim the compensation? Could I claim it, e.g. in UK that has a 6 year claim expiry time?

6

In the case of Rehder v Air Baltic, heard by the European Court of Justice, 9th July 2009 (Case C-204/08), the ECJ ruled that the jurisdiction in these cases is:

in respect of a contract for air transport services from one member state to another member state which is made with one sole airline as the operating carrier, the court having jurisdiction to deal with a claim for compensation founded on that air transport contract and on the Passenger Rights Regulation is the court having jurisdiction over the place of departure, or over the place of arrival of the aircraft.

http://www.mondaq.com/x/89712/Marine+Shipping/Jurisdiction+For+Claims+Under+The+Passenger+Rights+Regulation

So no, you cannot claim in the UK for something that happened in either Poland or Germany.

  • To complete this answer, sygi can therefore make his claim at the place of arrival in Switzerland, provided the local laws permit claims to be brought this late. Whether the Swiss civil aviation regulator would wish to get involved is another matter. – Calchas Apr 13 '17 at 12:37
  • And do you think I can claim it in Germany? The delay was caused by the first leg late arrival (and subsequent flight missing and rerouting). – sygi Apr 13 '17 at 12:47
  • @sygi yes, the ECJ ruling is clear on that - jurisdiction exists at both ends of the flight. And as Calchas suggests, it would be almost certain that that jurisdiction extends all the way to Switzerland, however as Switzerland is not a member of the EU, I have no idea whether the courts there would support any claim made under an EU regulation. – Moo Apr 13 '17 at 12:52

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.