Ryanair v Delayfix formerly Passenger Rights sp zoo 18 November 2020 ECJ ruling
The European Court of Justice (“ECJ “) has decreed in the above case that Ryanair’s contractual condition restricting the right of passengers to bring claims other than through the courts in Dublin was unfair and not binding.
This has major implications for Ryanair passengers. The ECJ has found that where an exclusive jurisdiction clause is imposed on a consumer rather than by individual negotiation the court has found this to be unfair as it causes a significant imbalance in the parties rights to the detriment of the consumer/passenger.
So, in future, the jurisdiction clause which made any dispute under Regulation (EC) 261/2004 the exclusive remit of the Irish court is no longer binding. Many claims companies and individuals were put off lodging claims in Dublin since the court had certain disadvantages being:
The court was clogged up with claims.
The court restricted applications to online claims which made it difficult for non- Irish companies.
The court fees are payable in Euros and the courts insisted on being paid from an Irish bank account.
If you have a claim against Ryanair please contact us today if
- Your claim occurred between 2016 and 2019
- It was due to technical difficulties
- You have details of the flight including a booking reference.
If you want further information please call our help line 01293 660671 Extn 302
For your information we attach a copy of the ruling – Click here
