EU 261 Delay Compensation: The ECJ has an Opportunity to put Things Right

The Sturgeon/Böck ruling by the European Court of Justice ("ECJ") has been the subject of continued controversy and uncertainty ever since the judgment was published in November 2009. It will be recalled that, apparently undeterred by the express and unambiguous wording of EC Regulation 261/2004, the ECJ adopted what might kindly be described as an inventive interpretation of the Regulation in order to conclude that it entitles passengers to compensation for flight delays of over three hours. Whilst some carriers have gritted their teeth and reluctantly paid delay compensation, others have bided their time on delay claims, waiting to see whether the judgment will be allowed to stand in the long term.