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Faults on two Ryanair flights in 4-hour delay

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Victoria Coxon

Victoria Coxon

Victoria Coxon

RYANAIR has been urged to pay compensation to a woman whose holiday struggled to take off when her flight - and the one after that - were beset by technical faults.

Victoria Coxon and her family were scheduled to fly from Edinburgh to Lanzarote at 12.55pm on February 16, 2013.

However, due to a technical fault with the aircraft, she was unable to fly on time.

A replacement aircraft was called but this plane also had a technical fault.

A third aircraft was then called and brought the family to Lanzarote. The delay was four hours and eight minutes.

Ms Coxon was before Swords District Court yesterday seeking compensation.

Lawyers for Ryanair asked Judge Dermot Dempsey to put a stay on proceedings, pending a decision by the European Court of Justice on the definition of "extraordinary circumstances".

Under the current compensation regime, which applies across the EU, travellers can make a claim if a flight has been delayed for three hours and the airline has no legitimate excuse.

To date, an airline has avoided paying out if a jet has a mechanical or electrical problem by arguing it amounts to extraordinary circumstances.

However, in a landmark ruling in Huzar v Jet2.com in September, the UK's Supreme Court ruled this was not a proper defence because technical faults do not count as events beyond an airline's control, unlike terrorism, strikes and freak weather.

The question of what constitutes extraordinary circumstances is now before the European Court of Justice.

Yesterday, Ryanair lawyers argued it was preferable the European court deliver its ruling prior to a decision.

expense

Swords court heard Ms Coxon had travelled from the UK "at considerable expense" for the case and Ryanair agreed to pay her expenses.

Speaking afterwards, Ms Coxon's representative Jakub Kotan claimed the law is on Ms Coxon's side and she was "disappointed" that the case had not proceeded.

Judge Dempsey adjourned the case to next February.

hnews@herald.ie


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