...There is an appeal going on. The good news is that you have 6 years to make an EU261/2004 claim ex UK should the appeal be favourable. That would gain you €600.
More on the current legal situation and how the appeal on the
Gahan v Emirates case fits.
With
Gahan a flight from Manchester to Dubai was delayed by nearly 4 hours, meaning the passenger missed their connecting flight and so arrived over 13 later than scheduled. Consequently, a claim for delay compensation against Emirates was made. The Judge held that the claimant’s flights were to be considered as separate units and that since the claimant’s second flight fell outside the scope of the Regulation 261, the claimant was only entitled to €300 EUR compensation in relation to the delay to her flight from Manchester to Dubai, rather than €600 EUR sought for the delay into Bangkok. The claimant then sought, and was granted leave to appeal.
Basically if the
Gahan appeal succeeds it will effectively overturn
Sanghvi (or at least severely attenuate its use going forward).
The CJEU held in
Air France SA v Folkerts that for the purposes of calculating compensation arrival at the claimant’s final destination should be used as the criteria. This was on the basis of the inconvenience of the delay was destination based, rather than at connecting posrt(s).
A little under two years beforehand in
Sanghvi, the High Court, following
Schenkel, determined that Regulation 261 was only concerned with individual flight components of any journey, and that the claimant’s second flight was outside the scope of Article 3.
As a result there is a conflict between the binding High Court authority and a later, contradictory view from the CJEU.
In
Gahan, the judge in relation to
Folkerts distinguished that both flights were of a Community Carrier and fell within the scope of Regulation 261, so was not relevant in that manner to
Gahan.
See this thread from FlyerTalk for more on EU261/2004:
The 2017 BA compensation thread: Your guide to Regulation 261/2004
