Transport written question – answered on 15th October 2008.

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Photo of Michael Weir Michael Weir Shadow Spokesperson (Trade and Industry), Shadow Spokesperson (Environment, Food and Rural Affairs)

To ask the Secretary of State for Transport pursuant to the answer of 17 September 2008, Official Report, columns 2242-3W, on aviation, what estimate he has made of the number of small claims actions pursued by plaintiffs and pursuers against airlines alleging non-compliance with EU Regulation 261/2004; what percentage of such actions have resulted in an award of damages to the consumer; and what the total sum paid by airlines in satisfaction of such claims is.

Photo of Jim Fitzpatrick Jim Fitzpatrick Parliamentary Under-Secretary (Department for Transport)

We are not in a position to estimate the number of small claims actions issued seeking compensation for non-compliance with EU Regulation 261/2004.

Small claims actions by their nature are dealt with in the civil courts of England and Wales. The required information may be present in court records but is not collected centrally.

The Civil Aviation Authority (CAA) is however aware of eight cases of court action, seven of which were successful in obtaining compensation. In the remaining case, the CAA intervened and successfully persuaded the airline concerned to pay, on a "without prejudice" basis. From its monitoring of the media and discussions with complainants, the CAA is aware anecdotally of other cases where passengers have successfully taken court action.

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