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ARTICLE · 02 MARCH 2011

Volcanic Ash And Compensation Under Regulation 261

There could scarcely be a better example of meteorological conditions incompatible with the operation of flight than the effects of volcanic explosions resulting in blanket international flight bans affecting every airline.

United KingdomTransport
Maria Galán
Maria Galán

There could scarcely be a better example of meteorological conditions incompatible with the operation of flight than the effects of volcanic explosions resulting in blanket international flight bans affecting every airline. So found District Judge Trent in a recent case concerning flight cancellation due to the April 2010 eruption of Iceland's Eyjafjallajokull volcano.

Marshall v Iberia Líneas Aéreas de España S.A. (Mayor's and City of London County Court, 13 December 2010)

On 14 April Iceland's Eyjafjallajokull volcano erupted. There followed a progressive closure of European airspace and the grounding of most scheduled passenger air traffic within Northern Europe between 15 and 23 April 2010. The Marshalls argued that resulting cancellation of their scheduled flight from Madrid to London did not constitute "extraordinary circumstances" under Regulation 261...

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