A claim by a Ryanair passenger, seeking damages for a flight disrupted due to a general strike in Spain more than two years ago, has been thrown out by Judge Jacqueline Linnane in the Circuit Civil Court.
Nicolas Cole, a member of international advocacy group Maples and Calder, said the airline had not disputed that a €174 .48 claim for “care costs” was due to Eric Menzies, Covanburn Avenue, Hamilton, Scotland.
The Ryanair legal representative said the airline had appealed a Swords District Court decision to award Menzies a further €800 "mileage allowance" compensation for him and his partner.
Mileage compensation
Judge Linnane heard that under European Regulation EC 261/2004 the airline was not obliged to give mileage compensation if flight arrangements were altered due to extraordinary circumstances.
Mr Cole said that until September 26th, 2010, Ryanair had only been aware of “a threat” of a general strike in Spain due to happen three days later.
He said many strike threats did not materialise and the airline had informed its passengers of possible disruptions only when the strike had been confirmed.
Ryanair had told passengers booked on the September 29th, 2010 Palma to Edinburgh flight that the airline would not be able to accept checked baggage but offered the flight with carry on hand luggage only, a ticket refund or a booking on another flight.
Mr Menzies had opted for a flight the following day.
He told Judge Linnane the airline should have informed him of baggage changes before he and his partner had flown to Palma.
Return flight
At that time he was unaware his return flight to Edinburgh was in jeopardy and he had sued the airline through the European small claims procedure for care costs covering such expenses as hotel and phone calls.
The District Court had awarded him another €800 compensation for both him and his partner.
Judge Linnane said that according to the European regulation, Mr Menzies was not entitled to mileage compensation. She allowed him the €174.48 “cost of care”.