Court of Appeal hands down judgment in passenger compensation case

The Court of Appeal handed down judgment in the case of Gahan v Emirates today, confirming that passengers on non-EU airlines can claim compensation in relation to missed connections outside the EU. Accordingly, where a passenger misses a connecting flight outside the EU as a consequence of delay on a flight leaving an EU airport, Regulation EC 261/2004 requires compensation to be assessed by reference to a passenger’s arrival at the final destination, even if that final destination is outside the EU and the airline is a non-EU carrier. The Court of Appeal rejected Emirates’ argument that the only relevant flight for the purposes of compensation under Regulation EC 261/2004 was the flight departing an airport in the EU, which would have the effect of limiting the amount of compensation due to passengers under Regulation EC 261/2004.

Iain MacDonald and Anna Medvinskaia of Gough Square Chambers appeared on behalf of the Civil Aviation Authority, the UK’s civil aviation regulator.

The full judgment can be read here: Gahan v Emirates