*/
Carriage by air – International carriage. The claimant sought compensation for his flight delay, under Regulation (EC) 261/2004. The judge found that the exception in art 5(3) of the Regulation applied and awarded the claimant compensation. The defendant air carrier appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that judge had adopted a mistaken reading of European case law, as he had focused on the consequences of the technical problem instead of the source. However, the defendant's submissions as to the meaning of art 5(3) of the Regulation failed to give proper effect to the language of the exception.
Carriage by air – International carriage. The claimant sought compensation for his flight delay, under Regulation (EC) 261/2004. The judge found that the exception in art 5(3) of the Regulation applied and awarded the claimant compensation. The defendant air carrier appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that judge had adopted a mistaken reading of European case law, as he had focused on the consequences of the technical problem instead of the source. However, the defendant's submissions as to the meaning of art 5(3) of the Regulation failed to give proper effect to the language of the exception.
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