Ryanair has been carefree for time for delays on his flights. And in Zaragoza a judge has decided to make him pay

There are sentences that seem anecdotal but, basically, have their importance. When a judge opts in favor of one side or another it is important because he is not only offering his vision of a fact, he is raiding the way for, in the future, his sentence is taken as a sentence for a similar case.

When these decisions are made by a superior court, it is called jurisprudence And it serves, as we said, to apply the same criteria in the future. In spite of everything, the conclusions of the lower organs are also important because they can serve as the basis for defense or accusation later.

That is why it is important to attend to the results that Ryanair is receiving in the courts. In recent months, with the Fund government finemost of the news that arrives are related to the collection by the cabin suitcase. Sentences that are important because, even, Justice itself does not seem to agree.

Despite this, the company continues to receive complaints for another series of reasons. A few days ago the case of an old man who was prevented from returning to Spain was viracied because Ryanair workers assured that the document with which he was flying was not valid. They defended that the permanent ID, that in Spain it is given to people with more than 70 yearsit could not be used as a legal document to fly.

Now we have known that Ryanair has received a new varapalo. You will have to compensate a passenger for the delay of a flight. Not because of the fact of being late, specifically because the judge who has led the case is clear that the company did not put all possible means to ensure that the flight left in time.

Lighting, which is gerund

The news brings it eldiario.eswho echoes the judgment of the Court of First Instance number 10 of Zaragoza. Its headline has confirmed that Ryanair will have to disburse 250 euros to compensate for a passenger who saw his flight delayed in three hours.

The important thing here is that the judge points out that nothing extraordinary did not happen so that The flight will be delayedpulling the main defense argument of the company. This allegation is what the airlines usually use to try to deny compensation due to a flight delay, such as It can be read on the company’s own website.

According to the claims platform. (who has led the defense of the passenger)many times they are told passengers that “they have no right to compensation because the incidence has occurred due to a cause of force majeure that was unpredictable for the airline, but that in many occasions the end of this argument is to avoid economically compensating passengers because in reality such extraordinary circumstance has not been produced.”

In this case, the defense of the passenger claimed that the company could have had an alternative plan if they had taken the appropriate measures. Something that the judge coincides who in her letter has stressed that the company was aware that the flight was going to be delayed because in its previous route the plane was already traveling late. However, he did not launch any alternative plan and limited himself, exclusively, to delaying the next flight.

For the judge, aware that the flight between Porto and London already circulated with a “serious delay”, the company should have contemplated how it could prevent the flight between London and Zaragoza from being delayed. Instead of letting the dominoes fell, in Ryanair, they should have sought a way to Avoid this last delay But, instead, they simply maintained their initial plan and waited for it to be replicated on the flight of the affected passenger.

In her letter, the judge also emphasizes that “the fact that a plane is assigned to several flights in a short period of time only obeys a business decision, cost reduction, etc. but that gives rise to assume a clear risk that an incidence in one of them affects all the remaining flights assigned to the aircraft.” That should not be a reason, however, to correct the problem.

The judgment of this Spanish court follows the line of the decreed by the Court of Justice of the European Union (TJUE) That last year he sentenced that airlines have to compensate passengers whenever they fail to demonstrate that they took all reasonable measures to avoid a delay, even in the face of “extraordinary circumstances” that has been based on what their defenses have been based so far.

Photo | Ryanair

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