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Bird strikes: are passengers owed protection under EU261?

According to a July 2016 opinion of the European Court of Justice’s Advocate General in a pending case against a Czech Airlne - bird strikes are not an “extraordinary circumstance”.

What does it mean for passengers and compensation?

It means that tens of thousands of European airline passengers could be entitled to receive compensation for flight delays caused by bird strikes, if the official judgment upheld the opinion.

Is the Opinion of the Advocate General binding?

The opinion of the Advocate General is not legally binding but it is usually consistent with the official judgment that we expect to come in the next months

Will the final judgment be legally binding all over Europe and national courts?

The judgment will be legally binding throughout Europe, including the European members national courts. The ruling cannot be appealed.

by Frédéric PELOUZE, Weclaim Founder & Director

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