Much of northern Europe’s airspace was closed for more than than a week in April 2010 and restricted until mid-May in the wake of the Eyjafjallajökull volcano eruption. Denise McDonagh was unable to return from Faro to Dublin for more than a week and claims that Ryanair provided no assistance during this time. She filed a suit in Dublin Metropolitan District Court seeking about 1,130 euro in compensation to cover meals, accommodation and transport to and from the airport.

The Irish tribunal then asked the Luxembourg-based European Court of Justice if closed airspace following a volcanic eruption was a situation that went beyond airlines’ responsibilities to look after delayed passengers under European law.

Yves Bot, one of the court’s eight advocates general, said nothing in EU legislation would let the airline off the hook, particularly when passengers are stranded away from home for long periods of time. At the same time, Bot said Ryanair’s policy--enacted in 2011--of collecting a small charge of two euro to offset such expenses is acceptable.

The case (C-12/11) will now be examined by a panel of judges for a definitive opinion, which could take several months. In most cases, the court follows an advocate general’s recommendations, but is not obliged to do so. The matter will then be returned to the Irish courts for final adjudication.