Flight: ECJ ruling on compensation claims for delays in third countries
from Armin Trojer
Arbitration board helps free of charge and commission-free
In the ruling published today, the European Court of Justice (ECJ) states that the Regulation is applicable in this case:
The ECJ has already clarified in previous rulings that a flight with one or more transfers that was the subject of a single booking must be considered as a whole, so that the applicability of the EU Passenger Rights Regulation must be assessed taking into account the first point of departure and the final destination of the flight.
In judgment C-561/20 published today, the ECJ consistently held that a passenger on a flight comprising two flight segments and which was the subject of a single booking, departing from an airport in the territory of a Member State and flying to an airport in a third country via another airport in that third country, is entitled to compensation if he has reached his final destination with a delay of three hours or more, even if the delay only occurred on the second leg of the flight. Whether the operating air carrier is a Community air carrier or not is irrelevant for this interpretation. (ECJ of 07.04.2022, C-561/20).
"In short: The claim for compensation in accordance with the EU Passenger Rights Regulation, which amounts to between 250 and 600 euros per passenger depending on the distance, is justified according to the ECJ, as the flight route falls within the scope of the regulation," informs Maria-Theresia Röhsler, Head of the Agency for Passenger Rights (apf).
How those affected can best proceed
In the first step, passengers must address their claim in writing to the airline concerned. The apf has provided sample letters for this purpose, which can be downloaded at www.passagier.at. If the company does not respond adequately or at all within six weeks of submission, an arbitration request can be submitted to the apf online via www.passagier.at.
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