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Danish airlines not happy with Supreme Court judgement

Shifa Rahaman
April 5th, 2016


This article is more than 9 years old.

Primera air will have to pay 12 passengers 3,000 kroner each in damages

The Danish Supreme Court ruled today that 12 passengers of Primera Air were entitled to compensation after the airline experienced delays due to technical problems.

However, the trade association Dansk Luftfart has announced its intention to exert political pressure at a EU level to ensure rules are not interpreted “too far”.

Not cleared for takeoff
According to EU law, an airline is liable to pay compensation to passengers who are forced to endure delays of over three hours due to “technical problems” – except in “extraordinary circumstances”.

The Danish Supreme Court yesterday ruled that the delays in question were not due to such circumstances, and that Primera Air owed each of the 12 passengers 3,000 kroner in damages.

Flyforsinkelse.dk, which provides legal assistance to airline passengers seeking compensation, filed the lawsuits and claims it has an additional 1,500 cases that are on standby in the country’s courts.

An unfair judgement?
Michael Svane, the chief executive of Dansk Luftfart, announced his intention to bring the matter to the EU after the verdict was delivered.

“Now we must take the ball to the [EU] political scene to see if we can strike a better balance between the interests of passengers and the interests of airlines,” DR quoted him as saying.

The consequences of the judgment will require airlines to assume strict liability for technical difficulties – even if the airlines have done everything required maintenance-wise.”


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A survey carried out by Megafon for TV2 has found that 71 percent of parents have handed over children to daycare in spite of them being sick.

Moreover, 21 percent of those surveyed admitted to medicating their kids with paracetamol, such as Panodil, before sending them to school.

The FOLA parents’ organisation is shocked by the findings.

“I think it is absolutely crazy. It simply cannot be that a child goes to school sick and plays with lots of other children. Then we are faced with the fact that they will infect the whole institution,” said FOLA chair Signe Nielsen.

Pill pushers
At the Børnehuset daycare institution in Silkeborg a meeting was called where parents were implored not to bring their sick children to school.

At Børnehuset there are fears that parents prefer to pack their kids off with a pill without informing teachers.

“We occasionally have children who that they have had a pill for breakfast,” said headteacher Susanne Bødker. “You might think that it is a Panodil more than a vitamin pill, if it is a child who has just been sick, for example.”

Parents sick and tired
Parents, when confronted, often cite pressure at work as a reason for not being able to stay at home with their children.

Many declare that they simply cannot take another day off, as they are afraid of being fired.

Allan Randrup Thomsen, a professor of virology at KU, has heavily criticised the parents’ actions, describing the current situation as a “vicious circle”.

“It promotes the spread of viruses, and it adds momentum to a cycle where parents are pressured by high levels of sick-leave. If they then choose to send the children to daycare while they are still recovering, they keep the epidemic going in daycares, and this in turn puts a greater burden on the parents.”