Flight: ECJ ruling: Damaged tire due to foreign object on runway is considered an "extraordinary circumstance"
from Armin Trojer
Passengers are generally entitled to a compensation payment of between 250 and 600 euros if their arrival is delayed by three hours or more. The airline only does not have to pay this if it can prove the existence of extraordinary circumstances.
The airline invoked this and refused to pay compensation in the amount of 250 euros. Germanwings explained that a screw was discovered in one of the aircraft's tires during preparations for take-off of the flight in question. As a result, the tire had to be replaced, which ultimately led to the delay of more than three hours.
Ultimately, the case was referred to the European Court of Justice for a preliminary ruling with the question "Is damage to an aircraft tire caused by a screw lying on the runway (foreign object/FOD) an extraordinary circumstance within the meaning of Art.[nbsp]5 para.[nbsp]3 of Regulation No.[nbsp]261/2004?".
The Court ruled: "Article [nbsp]5(3) of Regulation (EC) No [nbsp]261/2004 of the European Parliament and of the Council of 11 [nbsp]February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No [nbsp[nbsp]295/91 in conjunction with recital 14 thereof must be interpreted as meaning that damage to the tire of an aircraft caused by a foreign object, such as an object lying on the tarmac of an airport, falls within the concept of 'extraordinary circumstances' within the meaning of that provision.
In order to be released from its obligation under Article [nbsp]7 of Regulation No.[nbsp]261/2004 to provide compensation to passengers, the air carrier whose flight is subject to a long delay due to such an 'extraordinary circumstance' shall, however, prove that it has used all the human, material and financial resources at its disposal to prevent the replacement of the tire damaged by a foreign object, such as an object lying on the tarmac of an airport, from causing that long delay to the flight concerned."
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