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Article: Aerospace News: EC Regulation 261/2004: "Extraordinary Circumstances" Six Months On.
- Article from:
- Mondaq Business Briefing
- Article date:
- October 18, 2005
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The recent Advocate General's opinion suggests this Regulation may be here to stay. There are still unanswered questions of interpretation in this Regulation, one of the main sources of uncertainty being when the "extraordinary circumstances" defence can be relied on by carriers. Examples of where this defence has been considered over the last few months include cancellations due to strike action, including those forced on British Airways at Heathrow in August. It is difficult to think of a more obvious example of what the extraordinary circumstances defence ought to cover than the BA flight cancellations caused by sudden, secondary and possibly illegal strike action.
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