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Carriage by air – Compensation for passengers – Time bar. Sheriff Court: Allowing an appeal against a sheriff's decision that a claim for compensation, brought under the small claims procedure following cancellation of a flight operated by the defender, was time barred by the pursuer's failure to raise proceedings within the two-year prescriptive period specified in the defender's general conditions of carriage, the court held that the action was not time barred as the two-year time bar in the defender's general conditions did not apply to any sum claimed under Regulation (EC) 261/2004.
Carriage by air – Compensation for passengers – Time bar. Sheriff Court: Allowing an appeal against a sheriff's decision that a claim for compensation, brought under the small claims procedure following cancellation of a flight operated by the defender, was time barred by the pursuer's failure to raise proceedings within the two-year prescriptive period specified in the defender's general conditions of carriage, the court held that the action was not time barred as the two-year time bar in the defender's general conditions did not apply to any sum claimed under Regulation (EC) 261/2004.
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