Flight delayed. Incoming leg was the cause.

[andytw]

Hi,

So…
Sep 27 FR6221 Bristol to Krakov
Delayed departure from Bristol but actual arrival at Krakow delayed by 3.5 hours.
Claim for compensation logged with Ryanair which they bounced, as due to ‘weather at Krakow on previous leg’, so I have now opened a case with ADR.
It was my understanding that an airline could not cite delays on a previous leg as a cause to a delay on the flight in question.
Reading briefly on this forum, I am not convinced this is the case.

The Ryanair response to ADR reads :-

+++++
On behalf of Ryanair, we sincerely apologize for the delay of flight FR6221 from Bristol to Krakow on 27/09/2023. This was due to low visibility in Krakow.
Please, see below our DMS:

Attached you will find further proof of extraordinary circumstances for this weather disruption.
All customers affected by this flight delay were sent an email, giving customers access to the EU261 notice.
As this delay was unexpected, and therefore outside Ryanair’s control, we regret to advise that no monetary compensation is due under EU Regulation 261/2004.
We sincerely regret the inconvenience caused to the passengers.
Best regards,

+++++

Do I respond to this, on what basis, or give up ?

Thanks

[JDB]

Realistically there is nothing you can do, unless you have some specific evidence that contradicts that provided by Ryanair to AviationADR. The adjudicator will determine whether the evidence is valid and sufficient to allow Ryanair to maintain its position. They are there to act independently, so if they think Ryanair is wrong, you will win.

Airlines can, following the 2021 CJEU decision in WZ v Austrian Airlines, rely upon ‘extraordinary circumstances’ affecting an aircraft up to three rotations back, provided there is a direct causal link.