Guess what?

[Mikael Hansson]

Ryanair don't want to pay anything! Not so unexpected...

I'm thinking about the next step and wether I should contact Ryanair again with the letter below, or just move on to the National Enforcement Body for complaints regarding this.

If you were to send this letter, would you mention the "subtle" persuasions at the bottom?

/Micke

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You probably already know this but your argument for not fulfilling our demand is not valid.

 

We can assure you that Ryanair took all reasonable measures to prevent this flight delay, which was caused by an unexpected aircraft safety/technical problem (extraordinary circumstances). Please note that when flights are delayed for reasons outside of the control of an airline, monetary compensation is not applicable under EU Reg.  261/2004.
 

It has been established in the European Court of Justice in the case Wallentin-Hermann v Alitalia—Linee Aeree Italiane SpA (Case C-549/07) of 22 December 2008 that

 

In its judgment of today, the Court finds that in the light of the specific conditions in which carriage by air takes place and the degree of technological sophistication of aircraft, air carriers are confronted as a matter of course in the exercise of their activity with various technical problems to which the operation of those aircraft inevitably gives rise. The resolution of a technical problem caused by failure to maintain an aircraft must therefore be regarded as inherent in the normal exercise of an air carrier’s activity. Consequently, technical problems which come to light during maintenance of aircraft or on account of failure to carry out such maintenance do not constitute, in themselves, ‘extraordinary circumstances’.
 

This clarification was later strengthened by the Fourth Chamber of the European Court of Justice in the joined cases of Sturgeon v Condor, and Bock v Air France (C-402/07 and C-432/07), 19 November 2009

 

The third question in Case C-432/07, concerning extraordinary circumstances resulting from a technical problem in an aircraft

The Court has already held that Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control (Wallentin-Hermann, paragraph 34).

The same conclusion applies when Article 5(3) of Regulation No 261/2004 is pleaded in the case of flight delay.

Thus, the answer to the third question in Case C‑432/07 is that Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation or delay of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control.

 

In the light of this we reiterate our claim from our original letter, dated 17th August 2011, received in your office on the 24th August 2011, that we should be compensated with € 400 each, totalling € 800.

 

Failing to meet our demand will force us to take further steps in this matter, which would most likely incur costs for you, way above our claim.

 

These steps would be

Submitting a case with the National Enforcement Body.

Contacting national media (since this is the second time you have failed for us this year, I guess it wouldn’t be difficult to pitch this to the national media).

Seeking contact with other passengers to make this into a class action suit.
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