13 Fév European Court of Justice – February 2024
Air transport – Regulation (EC) No 261/2004 – Article 5(1) – Article 7(1) – Compensation for air passengers in the event of a long delay to a flight – Loss of time – Replacement flight booked by the passenger – Passenger arriving at the final destination less than three hours later than the original scheduled arrival time – No compensation.
ECJ, 25 January 2024, Case C 54/23, WY v Laudamotion GmbH, Ryanair DAC.
Source
Article 5(1) and Article 7(1) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
must be interpreted as meaning that the right to compensation, within the meaning of those provisions, cannot be enjoyed by an air passenger who, on account of a risk of a long delay in arrival at the final destination of the flight on which he or she has a confirmed reservation, or even on account of sufficient evidence of such a delay, has himself or herself booked an alternative flight and has reached the final destination with a delay of less than three hours after the originally scheduled arrival time of the first flight.
Air transport – Regulation (EC) No 261/2004 – Article 3(2)(a) – Article 5(1) – Article 7(1) – Compensation for air passengers in the event of long delay of flights – Requirement to present oneself for check-in in good time.
ECJ, 25 January 2024, Case C 474/22, Laudamotion GmbH v Flightright GmbH.
Source
Article 3(2)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91,
must be interpreted as meaning that, in order to be entitled to the compensation provided for in Article 5(1) and Article 7(1) of that regulation in the event of a long delay of a flight, namely a delay of three hours or more after the arrival time originally scheduled by the air carrier, an air passenger must have presented himself or herself for check-in in good time or, if he or she has already checked in online, must have presented himself or herself at the airport in good time to a representative of the operating air carrier.
