We were delighted to hear on Monday 19th October 2015 that the Sherrif has ruled in our favour, that we were “denied boarding”. He came to the view that the air carrier is responsible for all processes that happen between arrival at the airport and taking off, and cannot deny responsibility for failures in any part of the process, regardless if they are delivered by the carrier or their subcontractor. EC regulation 261/2004 gives passengers like us the full protection of “denied boarding”: the right to a replacement flight; the right to accommodation and food; and the right to monetary compensation.
Due to the complex nature of the points of law covered, ranging from the Montreal Protocol, via case law in Australia and Germany, to the principle of the primacy of EU law, the Sherrif promoted the case from a “Small Claim” to the “Summary Cause” process. This allowed him to issue a lengthy and definitive written legal verdict, which we hope will set a precedent for thousands of others in our same predicament.
The full judgement is here:
http://www.scotcourts.gov.uk/search-judgments/judgment?id=fe3df2a6-8980-69d2-b500-ff0000d74aa7
Due to the complex nature of the points of law covered, ranging from the Montreal Protocol, via case law in Australia and Germany, to the principle of the primacy of EU law, the Sherrif promoted the case from a “Small Claim” to the “Summary Cause” process. This allowed him to issue a lengthy and definitive written legal verdict, which we hope will set a precedent for thousands of others in our same predicament.
The full judgement is here:
http://www.scotcourts.gov.uk/search-judgments/judgment?id=fe3df2a6-8980-69d2-b500-ff0000d74aa7