Despite a very clear jurisprudence of the European Court of Justice, a reminder of this jurisprudence by consumer organisation Test Achats/Aankoop, by Belgian Minister of consumer protection Kris Peeters and by the Federal Public Service Mobility, Ryanair now officially announces that it will not compensate passengers for cancelled flights on 25-26 July 2018 following the internal strike at the company. Test Achats/Aankoop is outraged by the attitude of Ryanair who mocks the rights of air passengers and announces legal actions if the airline does not change its position.
Compensation due in the event of an internal strike
According to European Regulation EU261/2004, in addition to the choice between an alternative flight or a refund of their ticket, passengers are entitled to a flat-rate compensation ranging from EUR 250 to EUR 600 depending on the distance between departure airport and destination, except in cases of force majeure such as difficult meteorological conditions or a terrorist attack.
In this particular case, flights are cancelled by Ryanair due to a strike by its own staff. The jurisprudence of the Court of Justice of the European Union is clear: an internal strike at an airline does not constitute a case of force majeure and thus opens the right to compensation for passengers. Despite a reminder of this jurisprudence by Test Achats/Aankoop, Kris Peeters and the FPS Mobility, Ryanair now officially announces that it will not compensate passengers.
Test Achats/Aankoop to court
Although Ryanair sends an official communication to affected passengers saying that it will not compensate them, Test Achats/Aankoop nevertheless encourages them to ask for compensation on the Ryanair website via: https://eu261expenseclaim.ryanair.com/.
The consumer organisation announces that it will bring legal action for passengers whose rights have not been respected. They can contact Test Achats/Aankoop at number +32 (0)2 892 37 08.
The analysis of the most appropriate procedure is already in progress.
July 26, 2018