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Aviation

Technical errors: The Eastern High Court has stayed four cases

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Legal news
calendar 5 May 2015
globus Denmark

The Eastern High Court has upheld the ruling from the City Court of Copenhagen staying four cases while waiting for the Supreme Court.

Following on our latest newsletter, the Eastern High Court in Denmark has giving their ruling in four cases regarding compensation for delay. The High Court confirmed that the four cases – all concerning technical errors – shall be stayed until the Supreme Court has given its judgment in the Primera-cases. The technical errors in the four stayed cases could not have been identified during the statutory inspection of the aircraft and therefore the Eastern High Court acknowledged that the ruling of the Supreme Court in the Primera-cases may affect the outcome of the cases.

The Eastern High Court does not take into consideration whether or not the technical errors of the stayed cases were identical with the errors in the Primera-cases. Thus, it seems that the Eastern High Court agrees that all cases regarding technical errors may be affected by the Supreme Court judgement and thus should be stayed.

What now?

At this point, the District Court of Copenhagen has noticed that they will now contact parties in all pending cases in order for us to comment on the process from this point. On the basis of the High Court ruling we will maintain our position:

All cases regarding technical errors should be stayed.

Furthermore, we maintain that airline companies should hesitate before recognizing claims for compensation in cases of delay caused by technical errors. We recommend that airlines inform the passengers that their position awaits the outcome of the four Primera-cases pending before the Supreme Court, and that any claims will be processed when the Supreme Court judgment has been handed down.

Following on our latest newsletter, the Eastern High Court in Denmark has giving their ruling in four cases regarding compensation for delay. The High Court confirmed that the four cases – all concerning technical errors – shall be stayed until the Supreme Court has given its judgment in the Primera-cases. The technical errors in the four stayed cases could not have been identified during the statutory inspection of the aircraft and therefore the Eastern High Court acknowledged that the ruling of the Supreme Court in the Primera-cases may affect the outcome of the cases.

The Eastern High Court does not take into consideration whether or not the technical errors of the stayed cases were identical with the errors in the Primera-cases. Thus, it seems that the Eastern High Court agrees that all cases regarding technical errors may be affected by the Supreme Court judgement and thus should be stayed.

What now?

At this point, the District Court of Copenhagen has noticed that they will now contact parties in all pending cases in order for us to comment on the process from this point. On the basis of the High Court ruling we will maintain our position:

All cases regarding technical errors should be stayed.

Furthermore, we maintain that airline companies should hesitate before recognizing claims for compensation in cases of delay caused by technical errors. We recommend that airlines inform the passengers that their position awaits the outcome of the four Primera-cases pending before the Supreme Court, and that any claims will be processed when the Supreme Court judgment has been handed down.

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