Ryanair today (4 Oct) welcomed the Commercial Court of Barcelona’s recent ruling confirming that no EU261 compensation is due to customers whose flights are cancelled because of internal strike action, as such strikes are beyond the airline’s control.
Ryanair fully complies with all EU261 legislation and has re-accommodated or refunded all customers affected by the small number of strike cancellations, and provided full assistance to customers where needed, including accommodation, meals and rerouting.
However, as these cancellations are beyond Ryanair’s control, no EU261 compensation payments are due, as confirmed by this Barcelona court ruling, the ninth such recent Spanish court ruling, following similar decisions in the Courts of Badajoz, Ourense and Pontevedra.
Ryanair’s Kenny Jacobs said:
“We welcome this ruling by the Commercial Court of Barcelona confirming that no compensation is payable to customers when the (strike) delay/cancellation is beyond the airline’s control. If these strikes, by a tiny minority of Ryanair crew, were within Ryanair’s control, there would be no strikes and no cancellations.
In recent years during which there were over 15 days of pilot and cabin crew strikes in Germany, Lufthansa was not required to pay EU261 compensation. Similarly, the UK CAA should also explain why it took no EU261 action against BA during last year’s cabin crew strikes.”
Comment: in a similar case involving TUI fly, a German court had rules that TUI had to pay EU261 compensation, because an internal strike was within its control.
European courts should sing the same song! Lawyers have beautiful days ahead.