UK: injunction against BA strikes overturned

A court of appeals overturned an injunction against strikes planned by British Airways’ cabin crew, and walkouts will occur unless the two sides reach an agreement. A first block of strike dates (May 18 to 22) was stopped by the injunction, but a walkout is likely to happen during the second block (May 24 to 28).

BA advises customers to check its website "on a regular basis" to see if their flight is still operating. If their flight has been canceled, customers should not come to the airport but contact British Airways or their travel agent, said the airline.

Source: Travel Weekly; find article here>>.

Germany: Lufthansa facing a four-day strike of its pilots

German pilots’ union Vereinigung Cockpit has called on Lufthansa pilots to participate in a four-day strike from Feb. 22 to 25. Lufthansa said the decision was made despite willingness shown by the airline to reach a negotiated settlement. Vereingung Cockpit tries to explain their reasons in a passenger information sheet.

Lufthansa's German website provides a link to their passenger information ("Informationen zum angekündigten Pilotenstreik"); however there is no such link or information in the English version. The information provided in German claims that in case of a strike and resulting irregularities passenger care will rank first for Lufthansa. At the current stage they grant free re-booking to other Lufthansa flights subject to certain conditions and restrictions. In case of a strike they announce to allow free cancellation or re-routing.

There is no mentioning of compensation for cancelled flights according to Reg. 261/2004, though. Media report that Lufthansa intends to rely on "extraordinary circumstances". However, in C-549/07 - Wallentin-Hermann ECJ has taught us that the term "extraordinary circumstances" requires a narrow interpretation an that recital 14 of the Regulation did not mean that the events listed there themselves constitute extraordinary circumstances, but only that they may produce such circumstances. Even though "strike" is mentioned as a potential reason for extraordinary circumstances in recital 14 of the Regulation, thus there remains doubt whether a strike of the operating carrier's own staff can amount to this exoneration.

A new reference for preliminary ruling seems a likely consequence ...

UK: High Court blocks British Airways strike

The UK High Court has blocked a 12-day Christmas walkout by British Airways cabin crew after ruling that the strike ballot was illegal. The high court granted BA's request for an injunction against the strike after around 900 cabin crew were balloted despite taking voluntary redundancy. Mrs Justice Cox ruled that the balloting error breached the 1992 Trade Union Act.

The decision means nearly a million BA passengers can complete their journeys as planned over Christmas unless there are wildcat walkouts by the 12,700 cabin crew who supported industrial action.

Source: eTurboNews; find article here>>.