New ECJ ruling: refusal of transportation

In a legal dispute referred to the European Court of Justice by the Regional Court of Frankfurt am Main, the focus was on the interpretation of Regulation No. 261/2004.

The case concerned the questions of whether passengers who were informed in advance of denied boarding are entitled to compensation, even if they did not show up for check-in. And whether it makes any difference if the passenger was informed of the denied boarding at least two weeks before departure.

A passenger had booked return flights with Latam Airlines, but was unexpectedly rebooked on an earlier flight. When she went to court, a ruling was issued partially in her favor. However, the exact interpretation of Regulation No. 261/2004 continued to raise questions.

The case: unexpected rebooking

The passenger had booked flights from Frankfurt am Main to Madrid. When there were problems at online check-in, the airline informed her that she had been rebooked on an earlier flight. This was done without prior notification. The passenger was then bumped from the return flight, which took place more than two weeks later, because she was unable to board the outbound flight. Latam Airlines paid a partial refund before the court - for the outbound flight. For the return flight, the passenger demanded a compensation payment of 250 euros due to the denial of boarding.

The question remained open: Should the passenger, who was informed in advance of the denied boarding and did not show up for check-in, be entitled to compensation? This question and the interpretation of Regulation No. 261/2004 were ultimately the subject of proceedings before the European Court of Justice.
ECJ rules that compensation must be paid.

According to the ECJ ruling, passengers are entitled to compensation in the event of denied boarding even if they did not show up at the gate or check-in. They are also entitled to compensation if they were informed of the denied boarding at least two weeks before the scheduled departure time.