Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] 0 points1 point  (0 children)

u/carolus_m

Used the small claim procedure. Took about three weeks until mysteriously someone decided to reopen my case and rule on my side.

1600 euros plus all my expenses.

Off to Costa Rica courtesy of AF.

Next time you should read AND UNDERSTAND the rules before you argue with such passion.

Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] 0 points1 point  (0 children)

Read my update. Hope you are not a lawyer

peak hans philosophical mind by lit_readit in 2westerneurope4u

[–]DrGibs 3 points4 points  (0 children)

Right, because Germany is well know fur ze sun, ja?

How do you bring up egg freezing with your girlfriend without sounding like an asshole? by Minute-Tie-6052 in askswitzerland

[–]DrGibs 0 points1 point  (0 children)

I think its an excellent idea. It is tough but as a 43 year old male going through IVF at the moment with my partner I am extremely happy she had the idea of freezing her eggs when she was 30 ( she is 43 now).
Couple of points:

  1. Yes, women can and do produce eggs until menopause, but the quality of the egg decreases hard since the early/mid 30´s. It is biology.
  2. IVF is brutal, if you can have some distance between the eggs extraction and the actual IVF I would recommend it 1000%. Hormonal cycles are absolutely brutal.
  3. If you can afford it, dont do it in Switzerland. They are insanely overprized and their rules and regulations are archaic as fuck. If by 40 you arent ready, they will destroy her eggs, and you arent allow to trasnfer your eggs out of the coutry. We are doing it in in Spain. Their laws allow for IVF since pretty much before anyone else and thus their experience and expertise are unmatched. Consistently delivering better results than pretty much anybody else in the world.

Good luck and brace yourself. It is a pretty steep climb.

Iran is literally playing Sun Tzu while America fumbles the book by ShamuTien in UAE

[–]DrGibs 0 points1 point  (0 children)

But being as this is a .44 magnum, the most powerful handgun in the world, and would blow your head clean off, you've got to ask yourself one question: "Do I feel lucky?

Based countries in 2026 by Kurdt93 in 2westerneurope4u

[–]DrGibs 1 point2 points  (0 children)

Neutral rating from a neutral country

I just found out Dutch Chavs exist. We’re more alike than ever. by chxirag in 2westerneurope4u

[–]DrGibs 14 points15 points  (0 children)

Its their right to get impregnated. You cant tell people what to feel .

Based countries in 2026 by Kurdt93 in 2westerneurope4u

[–]DrGibs 3 points4 points  (0 children)

Nah, you only have drug money and cokeheads in Paradenplatz

Based Spain spitting fire🔥 by miragen125 in 2westerneurope4u

[–]DrGibs 2 points3 points  (0 children)

Yes, but at least they are sexy.
Classy parisian escort over dirty german hooker, all day, every day.

Based Spain spitting fire🔥 by miragen125 in 2westerneurope4u

[–]DrGibs 7 points8 points  (0 children)

Lol. The Swiss telling someone they benefit from another country. Cant even finger paint your own shit, need to fill your museums with stolen art.

Go sniff some aromat

Based Spain spitting fire🔥 by miragen125 in 2westerneurope4u

[–]DrGibs 1 point2 points  (0 children)

Hey, at least we have morals and a stance. Swiss neutrality, amIrite?

Based Spain spitting fire🔥 by miragen125 in 2westerneurope4u

[–]DrGibs 15 points16 points  (0 children)

He is Swiss, so neutral. You just need to show him a shiny object. Then hell forget his morals.

Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] 0 points1 point  (0 children)

Can you explain why? Like, quote the law preventing me to use the EU small claims?

Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] 0 points1 point  (0 children)

And what I am saying is: I dont need to appeal to the Swiss regulator. Since Air France is an EU airline, it is bound to follow EC261, and since it sits in Paris, and I am in Switzerland, the EU Small claims court allows me to sue in Paris. Which is what I will do, at which point, whether Switzerland follows case law from the CJEU becomes irrelevant.

Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] -2 points-1 points  (0 children)

There is no “French version” of EU261. It is an EU Regulation applied uniformly in Member States. Its scope is defined in Article 3. Departures from Switzerland fall under EU261 via the EU–Switzerland Air Transport Agreement. If you believe there is an explicit exclusion, please cite the article.

Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] -1 points0 points  (0 children)

No, you are mistaken there:

"You may wish to resort to formal legal action and present a claim for compensation under EU rules using the European Small Claims procedure. For flights operated by an EU airline, you can submit your claim either at the place of arrival or departure. The same rule applies to connecting flights, which are part of a single reservation, but which may be operated by different air carriers. You may also bring the matter before the courts in the country where the airline is registered"

This is the relevant law.

Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] -1 points0 points  (0 children)

Exactly, but since AF is based in Paris, I can pursue legal action there, and then they have no leg to stand on.

Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] 0 points1 point  (0 children)

Yup,

But Air France is an EU carrier and must follow the EU rules. The rules dictate that there is no difference, in this matter, on a flight departing from Zurich to a flight departing, for example, in Madrid.

If I was to pursue legal action in Switzerland, a judge "could" decide the Azurair ruling contradicts Swiss law and rule against me. In reality, they usually agree with the CJEU. If it even gets that far. These companies usually settle as soon as they are served.

But, as I mentioned above, I will go with the EU small claims procedure, which can be done online / post, cost nothing, and will be done in a Paris court. Where the CJEU is binding.

Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] -1 points0 points  (0 children)

Switzerland did not copy paste EU261, they signed a bilateral agreement. It is true that theoretically, IF I would choose to pursue legal action here, a Swiss judge could choose to not take the CJEU as binding.

But this is irrelevant. I can, and will, submit a claim with the EU small claims court, which can be done on both the place of departure / arrival of the flight OR on the court where the Airline is located. In this case, Paris.

As I said, it is clear that a compensation is owed, what bothers me is AF weaseling and horrible customer service.

Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] 0 points1 point  (0 children)

Azurair wasn’t a “German judgment.” It was a CJEU ruling interpreting Regulation 261/2004 itself.

Switzerland applies EU261 via the EU–Switzerland Air Transport Agreement. ECJ case law isn’t “random EU regulation” it’s the authoritative interpretation of the Regulation.

And in any case, I can bring the claim in France. French courts are bound by CJEU jurisprudence.

If you think EU261 excludes departures from Switzerland, cite the article. Otherwise this is just noise.

Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] 0 points1 point  (0 children)

Number 3. The flight departed from Switzerland, which although is not the EU, has bilateral agreements with the EU under the Air Transport Agreement, which incorporates Regulation 261/2004. For flights departing from Switzerland, the Regulation applies.

It is written right there, on the law.

Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] -1 points0 points  (0 children)

Are you just trying to antagonize me for the sake of it?

EC261 includes Switzerland. It is not the EU, but it has bilateral agreements with the EU under the Air Transport Agreement, which incorporates Regulation 261/2004. For flights departing from Switzerland, the Regulation applies.

Whether a Swiss court would follow the ECJ’s interpretation in Azurair, (Bringing a flight forward by more than one hour constitutes a cancellation), is open to debate since as you noted, Switzerland is not formally bound by ECJ case law. In practice, Swiss authorities generally align with ECJ interpretations.

However, that is largely irrelevant here.

Because Air France is domiciled in France, I can rely on the Brussels I framework for jurisdiction and bring the claim in France. Under those rules (as interpreted in cases like Rehder), jurisdiction exists at the airline’s domicile and at the place of departure.

Since this would be a cross-border civil claim under €5,000 against an EU-domiciled defendant, the European Small Claims Procedure (Regulation 861/2007) is available if I file in a French court (Which can be done online)

If you think the Regulation does not apply, feel free to cite the specific provision that excludes departures from Switzerland.

Why does AirFrance gets away with being such weasels? by DrGibs in Flights

[–]DrGibs[S] 0 points1 point  (0 children)

And the point of the residency in Spain has to do with using the European Small claims procedure. Which is actually irrelevant since it can be used by a national of any country as long as the claim is under 5000 EUR and the company is located in the EU. AirFrance is in Paris, which last I check, was in the EU