Flight FR751/FR752 – APF Secures 15,000 Euros for 39 Affected Passengers

from Georg Loderbauer

On May 10, 2026, Ryanair Flight FR751 departed Vienna International Airport (VIE) for Porto (OPO) at 6:59 a.m. local time.

After reaching cruising altitude, about half an hour after takeoff, the decision was made to turn back. The aircraft landed back in Vienna 1 hour and 17 minutes after departure. According to passengers, technical problems were cited as the reason.

The passengers were subsequently transported to Porto on a replacement aircraft operated by the same airline. The flight number, FR751, remained unchanged. They arrived at their final destination three and a half hours late.

Due to the change of aircraft, the subsequent flight, FR752 (Porto–Vienna), was also delayed by several hours.

The airline refused to pay compensation to the passengers, arguing that the delay was due to ATC restrictions. It cited weather conditions and air traffic control capacity constraints as the reasons.

In several arbitration procedure , the Agency for Passenger Rights arbitration procedure connection between the incident and the resulting delay. It found that:

  1. Technical Malfunction as the Initial Event: The aircraft was replaced due to a technical problem with the original aircraft.
  2. Legal Framework Regarding Technical Defects: Technical defects in aircraft generally do not constitute extraordinary circumstances. They fall within the airline’s area of responsibility as part of normal operational risk.
  3. Chronological sequence: The ATC restrictions did not take effect until after the aircraft change had already taken place. The original cause of the chain of delays was therefore the technical problem, not the subsequent air traffic control restrictions.
  4. Consequential Disruption to FR752: The aircraft change also affected the scheduling of the replacement aircraft, resulting in a delay to connecting flight FR752. The legal assessment was the same as that for the original flight.

After the airline was informed of the reasoning set forth above, it agreed to pay the compensation amounts.

Category

Value

Number of Cases

19

Affected passengers

39

Total amount

15.600 €

Amount per passenger

400 €

For flights within the EU covering a distance of more than 1,500 km (Vienna–Porto: approx. 2,300 km), the compensation payment under Article 7(1)(b) of Regulation (EC) No. 261/2004 is €400 per person for a delay in arrival of at least three hours.

This case illustrates that the determination of whether extraordinary circumstances exist requires an individual review by an independent mediation or enforcement body.

All passengers on flights FR751 and FR752 who were involved in the apf procedures were informed of the positive result.

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