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close Limited (Appellant) v Ronald Huzar (Respondent)
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Where Reported

[2014] 4 All ER 581 and 5 others


Mr Ronald Huzar suffered no little inconvenience when his flight from Malaga to Manchester was delayed. He sought compensation pursuant to an EU regulation, Regulation (EC) No. 261/2004 ("the Regulation"). It was not disputed that prima facie he was entitled to such compensation from the airline carrier, Jet2.Com, but there is an exception where the operating air carrier can prove that the delay is caused by "extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken". The appellant carrier alleged that the delay in this case was the result of a wiring defect in the fuel valve circuit which could not have been prevented by prior maintenance or prior visual inspection. It was unexpected, unforeseen and unforeseeable and as such amounted to an "extraordinary ...

Legislation Considered

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