“… EU:C:2019:535(“Moens”)), where there had been an air traffic management decision to suspend flights because of thunderstorms (Blanche v EasyJet Airline Co Ltd [2019] EWCA Civ 69, [2019] Bus LR 1258 (“Blanche”)) and where a flight had had to be diverted to disembark an “unruly passenger who had bitten a passenger and assaulted other pas…”
“…s by demonstrating “exceptional circumstances” under Article 5(3), as discussed in in two recent decisions of this court: Blanche v Easy Jet Airline Company Ltd[2019] EWCA Civ 69; [2019] BUS LR 1258 (“Blanche”), where a decision to close a route as a result of an air traffic control decision was held to be an extraordinary circumstance;…”
“…1,EU:C:2013:43,[2013] 2 All ER (Comm) 735), and air traffic control decisions to close particular routes or airports (Blanche v Easyjet Airline Company Limited [2019] EWCA Civ 69; [2019] Bus LR 1258). Unsurprisingly, perhaps, such cases are almost inevitably found to constitute extraordinary circumstances.…”