Reply To: Compensation for re-routing starting more than 3h early?

[baec_newbie]

JDB wrote:

freckles wrote:

Depends partly on the reason for cancellation, eg if weather related then no.

Otherwise – In case of cancellation, you are also entitled to compensation in the following circumstances:a) You are given less than 7 days’ notice of the cancellation and you are offered rerouting which leaves more than an hour earlier than originally scheduled or arrives at your final destination more than 2 hours later than originally scheduled.

Although the 16.20 was delayed, departure shown as 18.15 so just over an hour earlier

Article 5.1(iii) isn’t correctly copied above. The word ‘or’ has replaced ‘and’ which changes the meaning. While there is a favourable decision of the ECJ in this regards (early departure being tantamount to a cancellation) it is from December 2021, thus post dating Brexit so not binding on an English court. In any event the adverse weather yesterday is likely to trump everything such that no compensation will be payable.

Although the ECJ judgment is not legally binding in the way that pre-Brexit ones are, it seems incredibly unlikely that a British Court (especially at the County Court level) wouldn’t rule in line with it. The wording of the relevant sections of UK261 remains identical to EU261, after all – it’s not as if the ECJ was interpreting legislation that was materially different.

There have been cases of far more removed Court rulings, such as from Canada, Australia or the US, being seen as influential.

Out of the reasons why this claim might fail, I really don’t think that this is one that even registers.