EN
Aviation

Technical errors: The Eastern High Court has stayed four cases

logo
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.

Receive our newsletter

Aage

Krogh

Partner

Similar

logo
Aviation

4 May 2022

Despite several days' notice, a strike counted as an extraordinary circumstance

logo
Aviation

25 April 2022

Air Carrier not liable: No requirement to rebook to an earlier flight

logo
Aviation

25 August 2021

logo
Aviation

15 April 2021

logo
Aviation

5 April 2021

logo
Aviation

15 March 2021

The team

Aage

Krogh

Partner

Anne

Poulsen

Senior legal assistant

Bror

Johan Kristensen

Legal assistant

Carl-Emil

Schumann Dinesen

Legal assistant

Caroline

Bruun Ibsen

Senior legal assistant

Chris

Anders Nielsen

Senior legal assistant

Clara

Andersen Øfeldt

(Leave of absence)

Clara

Löfgren

Legal assistant

Ellen

Thorn Ekstrøm

Senior legal assistant

Emma

Frøslev Larsen

Legal Manager

Fanny

Hansson

Legal assistant

Frida

Assarson

Legal assistant

Hila

Noori Hashimi

Legal assistant

Ingrid

Nordgård Kvaal

Senior legal assistant

Julie

Aagaard Thomsen

Senior legal assistant

Kathinka

Buchter

Legal Advisor

Kathrine

Münter

Senior legal assistant

Kathrine

Wohlers Sørensen

(Leave of absence)

Kirstine

Damkjær Nielsen

Legal Advisor

Laura

Jørgensen

Senior legal assistant

Line

Ponton Nemeth

Legal assistant

Luna

Hjelmen Dannemann Lundgren

Junior legal assistant

Malene

Ougaard Sørensen

Legal Advisor

Mathias

Jul Soursou

Junior legal assistant

Maya

Cecillia Jørgensen

Senior legal assistant

Mikkel

Løve Ekstrand

Legal assistant

Rasmine

Laguna Kristensen

Legal Advisor

Sara

Helenius

Senior legal assistant

Selma

Agopian

EU Lawyer

Siri

Agnete Bennekou

Legal assistant

Sol

Marie Ronæs

Legal assistant

Sophia

Maria Dahl-Jensen

Legal Advisor

Sophie

Toftegaard

Legal Manager

Xenia

Marie Andersen

Junior legal assistant