Technical errors: Claims should still be stayed

As we described in our newsletter of 4 March 2015, four Danish Eastern High Court cases (the so-called Primera cases) regarding compensation for delay have been appealed to the Danish Supreme Court. It is expected that these Supreme Court judgements will provide some guidance as to when a technical error under Danish law can be considered an extraordinary circumstance, exempting airlines from the obligation to pay compensation to delayed passengers.

Four cases have been stayed

As a consequence of this Supreme Court appeal, the District Court of Copenhagen gave an interlocutory order staying four cases until the Supreme Court has given their ruling. Thus, it seems that the District Court of Copenhagen is of the opinion that cases with at least some similarity to the Primera cases should await the Supreme Court in order to secure an equal of treatment. We agree.

The passengers' countermove has been to request for an appeal against this interlocutory order to stay the cases. We have just been informed that the request for an appeal has been approved, which means that the High Court shall decide on the question of whether cases regarding technical errors should be stayed while we wait for a judgement from the Supreme Court.

Our reaction

IUNO have asked the District Court of Copenhagen to stay a great number of our cases on delays and cancellations caused by technical errors – at least until the High Court has decided on the appeal case of the interlocutory order. Since it is expected that the Supreme Court ruling will provide an interpretation giving guidance on the categorization of technical errors as extraordinary circumstances, our opinion is that pending cases on technical errors should await this interpretation in order to secure equality before the law.

We have just seen the first two decisions from the District Court.

We are pleased to report that the District Court ruled in favour of the airline in both cases.

Thus, the District Court decided that both cases should be stayed; at least until the High Court has decided on the appeal case of the interlocutory order as mentioned above.

At this point, the legal area of passenger rights is to some extent in a standby position, as everyone holds their breath waiting for the High Court and the Supreme Court. However, we expect that this is just the calm before the storm.

Stay tuned.