Good to know... Compensation for a stopover or "turn around"?
from Jürgen Vogl
Today we would like to inform you about a case that has been submitted to the European Court of Justice (ECJ) for a decision. The passenger concerned had booked a direct flight from Burgas (Bulgaria) to Dresden (Germany). On this flight, the aircraft had to make an unscheduled stopover in Prague (Czech Republic), meaning that the passenger ultimately arrived in Dresden around two and a half hours later.
If an aircraft returns to the departure airport (this is referred to as a "turn around"), the flight is considered canceled as the passengers have not arrived at their destination. If the aircraft has to make a stopover and the arrival at the destination airport is delayed by more than three hours, the flight is considered delayed as the destination has finally been reached. In both cases, the passengers concerned are entitled to a compensation payment, the amount of which depends on the flight distance.
However, passengers are only entitled to compensation for delays if the flight arrives at the destination airport more than three hours late. According to the Air Passenger Rights Regulation, a flight is canceled if a planned flight route is not adhered to. However, in the case of short-notice cancellations, a compensation payment is already due from two hours later arrival. As the passenger concerned arrived at his final destination more than two hours late, he was of the opinion that he would also be entitled to a compensation payment, as he assumed that his flight had been canceled due to the unscheduled stopover.
As the passenger was unable to find a solution with the airline, the case went to court and was referred to the European Court of Justice (ECJ). The Court ruled in this case (Case C-32/16 "Wunderlich") that there is no cancellation if a flight has to make an unscheduled stopover, but ultimately arrives at the planned final destination, albeit with a delay. If the delay is more than three hours, the passengers concerned are entitled to compensation.