Finnair cancellation 5 hours into flying

[char123]

Hi all

Does anyone have experience of claiming flight cancellation compensation from FinnAir / airbus ‘known defect’ issues.

Facts: we were on flight AY41 on 27 September, from Helsinki to Seoul (business class and we originated in London on the same ticket, but appreciate this is not relevant). 5 hours into the flight we turned around back to Helsinki. The pilot told us one of the hydraulic systems had broken, they had other systems so were able to continue safely flying. But had chosen to turn around.

We landed back in Helsinki after around 9 hours of flying. Finnair put us in a hotel and then we were put on a flight departing 24 hours later.

We submitted a claim for EU261 compensation. And have been denied on the basis that ‘Airbus have confirmed a known defect’ and so this is an extraordinary circumstance.

Based on my research, it appears that the courts have concluded that engineering faults aren’t extraordinary. I am aware of recent case law (Matkustaja A v Finnair Oyj C-385/23), which set out that an “unforeseen and unprecedented” technical failure affecting a new model of aircraft, recently put into service, falls within the classification of ‘extraordinary circumstances’.

However I cannot see that this has relevance in the case at hand – the plane was tail number OH-LWK, which is a 7 years old A350. Neither new nor recently put into service.

Any experience or tips welcome

Thank you

[AJA]

I think you are correct that technical issues are not automatically extraordinary circumstances and you should be entitled to EC261 compensation for delayed arrival in Seoul.

I suggest the pilot decided to return to home base as it is easier to fix issues with an aircraft at their home airport. Trying to repair the plane in Seoul could be problematic.

That said I have no idea how you progress your claim against Finnair. I’m not sure if they are part of CEDR here in the UK. And I’m not sure what the process is for pursuing through Finnish courts.

[char123]

Thank you

No, FinnAir are not part of CEDR. The official EU ‘air passenger rights’ website has a list of local jurisdiction contacts. It lists a Finnish Consumer Disputes Board that a formal written complaint can be taken to.

I think that might be my next step here. But I don’t know how effective that would be.

[Gavin454]

Finnair have a UK company with a UK address in London, you can file a MCOL claim against them there. It might not be a straightforward process though, or the best way to get the compensation due. I found a Flyertalk thread saying that someone successfully won a MCOL case against them due to them not replying, but were also unable to get compensation due for the same reason (the thread from 2022 didn’t come to any conclusion)

https://www.flyertalk.com/forum/finnair-finnair-plus/2105872-finnair-uk-address.html

[JDB]

@char123 – as above, unless you have some familiarity with the Finnish system, I would pursue the matter in the UK, ultimately via MCOL, but it is possible that Finnair has an absolute defence.

The ratio decidendi of the case you cite and others related to aircraft technical issues do not rely on the age of the aircraft as you suggest, but rather whether the issue is specific to that aircraft or forms part of a wider issue. There are numerous other get outs as well.

If I were in your position and I wished to pursue the matter, my starting point would be to write a succinct but detailed letter before claim to Finnair’s UK registered address challenging their version of events and reasons for rejection of your claim giving them 21 days to respond with full payment, failing which you will issue proceedings for the original claim, plus interest, plus court issue fees and any eventual court hearing fees. If you write a good letter, they will settle without further steps.

[Jon]

Don’t know whether this would be of any use, but I noticed recently that the EU has this year issued updated interpretive guidelines: https://eur-lex.europa.eu/eli/C/2024/5687

Also, I *think* (but someone correct me if I’m wrong here) that because your journey started in the UK and was all on one ticket, you have the option of claiming under UK261 as opposed to EU261 – not sure whether that actually makes any practical difference here, but perhaps would make it easier to follow up through MCOL if need be?

[char123]

Thanks everyone for your thoughts. I’ll take another look and see if there is a way forward