Airline passengers stranded by bad weather entitled to compensation, says EC - Telegraph.co.uk

In a statement the court said: "Circumstances such as the closure of part of European airspace as a result of a volcanic eruption such as that of the Eyjafjallajökull volcano constitute 'extraordinary circumstances' which do not release air carriers from their obligation to provide care."

The aviation industry had argued the compensation rules - known as EU 261 - were not designed for events as cataclysmic as the ash cloud, which they said left them facing bill running into millions.

Ryanair had argued the eruption should be classified as something "beyond ordinary circumstances" which should free airlines from their normal obligation to passengers following delays.

This was rejected by the court, which said: "The provision of care to passengers is particularly important in the case of "extraordinary circumstances' which persist over a long time and it is precisely in situations where the waiting period occasioned by the cancellation of a flight is particularly lengthy that it is is necessary to ensure that an air passenger can have access to essential goods and services throughout that period."

Ryanair condemned the ruling, which it said would lead to increased air fars.

A spokesman said: "When governments closed large swathes of European airspace unnecessarily in response to non-existent 'ash clouds' over Ireland the UK and continental Europe in 2010, the travel insurance companies escaped liability by claiming it was an 'act of God'.

"Today's ruling by the European Court now makes the airlines the insurer of last resort even when in the majority of cases (such as ATC delays or national strikes in Europe) these delays are entirely beyond an airline's control.

"Today's decision will materially increase the cost of flying across Europe and consumer airfares will increase as airlines will be obliged to recover the cost of these claims from their customers, because the defective European regulation does not allow us to recover such costs from the governments or unions who are responsible for over 95% of flight delays in Europe."

A British Airways spokesman said: "We are aware of our obligations under the EU regulations and we will continue to comply with them."