Claiming EC261 compensation in another member state
I had a delayed connecting flight Poland-Germany-Switzerland, for which I'd like to claim compensation based on ec261. I contacted the airline (eurowings) to no avail. I'd like to push the claim through the civil aviation organization. But, different countries have different expiry time for the claim- it already expired in Poland. Are there any guidelines regarding in which member state I can claim the compensation? Could I claim it, e.g. in UK that has a 6 year claim expiry time?
Best Answer
In the case of Rehder v Air Baltic, heard by the European Court of Justice, 9th July 2009 (Case C-204/08), the ECJ ruled that the jurisdiction in these cases is:
in respect of a contract for air transport services from one member state to another member state which is made with one sole airline as the operating carrier, the court having jurisdiction to deal with a claim for compensation founded on that air transport contract and on the Passenger Rights Regulation is the court having jurisdiction over the place of departure, or over the place of arrival of the aircraft.
So no, you cannot claim in the UK for something that happened in either Poland or Germany.
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