The closure of airspace in Europe due to the presence of volcanic ash this spring left a dust cloud of unsettled compensation claims and a storm of controversy yet to subside. The tipping point seems to have been an extension of passenger rights by the European Court of Justice last November to include compensation for long flight delays in addition to cancellations. At the behest of some UK airlines, the High Court has halted all new claims hearings in the UK involving delays until the matter can be addressed by a European Court.

Compensation for long flight delays was a benefit that had been only available to passengers whose flights had been cancelled. That was until last November when the European Court of Justice (ECJ) ruled that an airline should treat long flight delays the same way as full cancellations and compensate passengers if the problems are found to be within that airline's control. You can guess what happened next. Airlines began fighting this ruling from the start. They felt regulators had over-stretched the meaning and intent of the compensation provisions of rule EC261/2004. Several UK airlines took their grievances to the High Court asking it to refer the matter back to the ECJ for further review. This week, the airlines got their way and, as a result, no new claims will be heard by the UK court until a ruling by the ECJ is made. Passengers seeking redress from airlines in the UK for long flight delays could be waiting a while. No decision from the European Court is expected before 2012.

Weather problems exempt airlines flying to and from EU countries from paying cash compensation for cancellations (and possibly delays). However, they must still provide some amenities and services regardless of the cause. When the name Eyjafjallajökull became synonymous with ash-cloud-related travel nightmares, airlines found themselves having to pay for food and accommodations for stranded passengers in amounts that they felt were unfair, or even unnecessary. In the vast majority of cases, flights were cancelled, not just delayed. Still, airlines objected. Some dragged their feet; others simply refused to pay compensation but legal threats and public outcry forced some airlines to acquiesce. Ash clouds or not, when it comes to passenger compensation, it's rarely 'clear skies ahead.'