ECJ judgements and their significance for air passenger rights

The rights of air passengers within the European Union are well protected by EU Regulation 261/2004. It stipulates when passengers can claim compensation in the event of flight delays, cancellations or overbooking. However, over the years, ECJ judgements have played a crucial role in interpreting and strengthening these passenger rights. In this blog post, you will find out how ECJ judgements have influenced air passenger rights and which rights you can better enforce as a passenger as a result.

What is the ECJ and what role does it play for air passenger rights?

The European Court of Justice (ECJ) is the highest court of the European Union. It ensures that EU legislation is applied uniformly in all member states. Disputes concerning the interpretation of EU law can be referred to the ECJ for a binding decision.

For air passenger rights, this means that the ECJ has made a significant contribution to how EU Regulation 261/2004 is applied in practice. Time and again, cases are brought before the ECJ when it comes to the question of whether airlines are acting correctly or whether passengers are entitled to compensation.

Important ECJ judgements and their effects

Over the years, the ECJ has issued several landmark judgements on what rights passengers have in certain situations. Here are some of the most important judgements and their implications:

However, if you are involuntarily denied boarding, you have the following rights:

1. Flight delays and cancellations (Sturgeon ruling, 2009)
   In one of the most important judgements (C-402/07 and C-432/07), the ECJ ruled that passengers are entitled to the same compensation for flight delays of more than three hours as for flight cancellations. The Sturgeon judgement led to a considerable strengthening of compensation rights in the event of delays. Since then, passengers have been able to claim compensation of up to 600 euros for delays of more than three hours, depending on the flight route.
   
   
2. Exceptional circumstances (Wallentin-Hermann judgement, 2008)
   In the Wallentin-Hermann judgement (C-549/07), the ECJ defined the term ‘extraordinary circumstances’, which can exempt airlines from paying compensation. The ECJ ruled that technical problems on the aircraft do not generally qualify as extraordinary circumstances, unless they are external events such as terrorist attacks or extreme weather conditions. This greatly strengthened the rights of passengers, as many airlines had previously used technical problems as an excuse to refuse compensation.
   
   
3. Denied boarding in the event of overbooking (Nelson judgement, 2012)
   The Nelson judgement (C-581/10) clarified that passengers are entitled to compensation in the event of overbooking or denied boarding even if they are offered alternative flights. Even if the airline provides alternative transport within a reasonable time frame, passengers are entitled to compensation in accordance with the flight route. This significantly strengthened the position of passengers who were often referred to alternative flights without knowing their full rights.
   
   
4. Missed connecting flights (Air France judgement, 2018)
   In 2018, the ECJ ruled (C-537/17) that passengers are also entitled to compensation for missed connecting flights due to delays on one leg of the journey if they arrive at their final destination more than three hours late. Even if the connecting flight is operated by another airline, the original airline remains liable. This judgement protects passengers who have often been disadvantaged by complicated air travel.
   
   

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How passengers benefit from these judgements?

Thanks to the ECJ judgements, air passenger rights in the EU have been significantly strengthened. Airlines must now adhere to clear rules and are less able to evade compensation. As a passenger, you now have a better chance of successfully asserting your rights.

Some advantages for passengers are:

1. More clarity and certainty: Thanks to the ECJ judgements, passengers know exactly what rights they have and when they are entitled to compensation.
2. Faster procedures: Airlines are often forced by ECJ judgements to respond more quickly to compensation claims in order to avoid lengthy legal disputes.
3. Fewer loopholes for airlines: Rulings such as the Wallentin-Hermann judgement have made it more difficult for airlines to invoke extraordinary circumstances in order to avoid payments.

The conclusion:

The judgements of the ECJ have an enormous influence on the rights of air passengers within the EU. They offer passengers additional protection and strengthen their position vis-à-vis the airlines. If you know your rights as a passenger, you can ensure that you are entitled to appropriate compensation, whether it is for delays, cancellations or overbooking.

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