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Supreme Court denies appeal request from Emirates and upholds passengers' rights when departing from the EU

In a new Supreme Court decision, delayed passengers flying with non-EU airlines (on a flight originated inside the EU) can still claim compensation after missing their connecting flights outside of Europe. The news comes as Emirates are refused an appeal on the recent ruling, requiring that they pay compensation to passengers who missed their connecting flights after flying with Emirates from the United Kingdom.

What does this mean for passengers claiming compensation?

 

The ruling that the airline was trying to appeal protects passengers right to compensation under EU regulations, even under conditions where the flight is not operated by an EU carrier. Previously, in situations involving missed connections outside of Europe, compensation under EC 261/2004 was not granted. According to Emirates’ understanding of the law, in order to be eligible for compensation. the passengers must have had to have missed their connecting flight inside the European Union.

For example, imagine you are flying to Abu Dhabi from the UK (EU country) and you have a connection stop in Dubai. Your flight gets delayed in the UK before take-off and therefore  arrives in Dubai one hour late. As a result you then miss your connecting flight from Dubai to Abu Dhabi. The next available flight you can take is much later and you don’t arrive in Abu Dhabi until 5 hours later than your original scheduled arrival time.

 

Under Emirates’ interpretation of the law, you would not have been entitled to any compensation under EU rule, as the original flight departing from the UK was only 1 hour late (compensation is not owed for delays under 3 hours). However, because of this delay you were ultimately delayed by a total of 5 hours upon arrival at your final destination (Abu Dhabi). The European Court ruling ensures that this compensation (for the delay of 5 hours) is paid by the airline under Regulation EC261/2004!

 

How we can help you get your due compensation for a delay of more than 3 hours when you reach your final destination.

As mentioned above, if you have been delayed you may be owed compensation. Under EU regulations the compensation owed by airlines can be as high as €600! At Flightdelayed.co.uk our mission is to help delayed passengers and ensure they are treated fairly by their airlines, even taking legal action when necessary. If you have been delayed you can use our free flight checker to work out if you can make a claim with us! (You will not be charged if your claim is unsuccessful).