MCDONAGH V RYANAIR LTD

[2013] EUECJ Case C-12/11, Court of Justice of the European Union, 31 January 2013

Aviation law - Air transport - Notion of "extraordinary circumstances" - Obligation to provide assistance to passengers in the event of cancellation of a flight due to "extraordinary circumstances" - Volcanic eruption leading to the closure of air space - Eruption of the Icelandic volcano Eyjafjallajokull - Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91

This was a request for a preliminary ruling from the Dublin Metropolitan District Court (Ireland), made by decision of 10 November 2010. On 11 February 2010 Ms McDonagh had booked a flight with Ryanair from Portugal to Ireland scheduled for 17 April 2010, for €98. On 20 March 2010 the Eyjafjallajökull volcano in Iceland began to erupt. On 14 April 2010 it entered an explosive phase, casting a cloud of volcanic ash into the skies over Europe. On 15 April 2010 the competent air traffic authorities closed the airspace over a number of member states because of the risks to aircraft. On 17 April 2010 Ms McDonagh's flight was cancelled following the closure of Irish airspace. Ryanair flights between continental Europe and Ireland resumed on 22 April 2010 and Ms McDonagh was not able to return to Dublin until 24 April 2010. During the period between 17 and 24 April 2010, Ryanair did not provide Ms McDonagh with care in accordance with the detailed rules laid down in article 9 of Regulation (EC) No 261/2004. The action before the Irish court was brought by Ms McDonagh against Ryanair for compensation in the amount of €1,129.41, corresponding to the costs which she had incurred during that period on meals, refreshments, accommodation and transport. Ryanair claimed that the closure of part of European airspace did not constitute "extraordinary circumstances" within the meaning of Regulation (EC) No 261/2004 but "super extraordinary circumstances", releasing it not only from its obligation to pay compensation but also from its obligations to provide care under articles 5 and 9 of that regulation. Questions on the meaning of "extraordinary circumstances" and the proportionality, equitability and limitation of the duty to provide care were referred by the Irish Court to ECJ.