Extra, Extra: Defeat for Ryanair is a victory for consumers

Labour MEP Phil Prendergast has poured scorn on Ryanair for claiming the Icelandic ash cloud that grounded flights in 2010 was extra extraordinary event.

She described the Advocate General of the European Court of Justice (ECJ) finding against Ryanair over its failure to provide for a passenger whose flight was cancelled due to the ash cloud as a victory for consumers.

Ms Prendergast, who sits on the European Parliament's consumer affairs committee, said the Advocate General's opinion confirmed that passengers should not shoulder all the cost of flights cancelled due to exceptional circumstances.

"Advocate General Yves Bot's comments made a nonsense of Ryanair's position. The airline tried to argue the ash cloud was an extra extraordinary event. We all know Ryanair needs to mind its language but this is ridiculous.

"The finding still needs to be upheld by the full court of the ECJ but it looks like a victory for consumers that could have major implications. It says that air passengers should not bear the cost of accommodation and sustenance arising from a cancelled flight even in exceptional circumstances for the airline," the Ireland South MEP said.

The case before the ECJ concerned Denise McDonagh from Dublin, who sued Ryanair in 2010 after it refused to pay costs incurred after her flight was cancelled due to ash from Icelandic volcano Eyjafjallajokull. She had been due to fly from Faro, Portugal, to Dublin on April 17, 2010.

Ms Mc Donagh brought her case to the Dublin District Court claiming that under Article 9 of the EU's aviation regulations, the airline should have provided her with meals and accommodation. She sought €1,129 compensation.

The Irish Aviation Authority invoked Article 7 of the regulation deeming the airspace closure "extraordinary circumstances".

Ryanair argued that ash from Eyjafjallajokull went beyond extraordinary circumstance. The court referred the case to the European Court of Justice seeking a ruling on the EU's Regulation 261/2004 on air passenger rights; the EU's Charter of Fundamental Rights and the UN Montreal Convention on air passenger rights.

"Low-cost airlines should really be called hidden-cost airlines. They impose an array of charges that are often unclear in their advertising and in this case were attempting to duck their responsibilities to customers.

"Ryanair was built on a foundation of cutting unnecessary costs. If they treated their passengers better, they would save money on lawyers and pass the savings onto customers," the Munster MEP added.

Background:

EU regulation 261/2004

Article 9 - Right to care

1. Where reference is made to this Article, passengers shall be offered free of charge:

(a) meals and refreshments in a reasonable relation to the waiting time;

(b) hotel accommodation in cases

- where a stay of one or more nights becomes necessary, or

- where a stay additional to that intended by the passenger becomes necessary;

(c) transport between the airport and place of accommodation (hotel or other).

2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.

ECJ ruling

Phil Prendergast is MEP for Ireland South and is a member of the European Parliament's Consumer Affairs Committee.