Flight passengers have the right to compensation in the event of cancellations and delays – provided they meet certain requirements. This emerges from a ruling by the ECJ.
In the event of flight cancellations and long delays, passengers receive compensation under European law. This is regulated in the EU Air Passenger Rights Regulation. Up to 600 euros – depending on the flight route.
But under certain circumstances there is no money: namely if those affected decide not to take the planned flight after all.
Two similar complaints
The EU’s highest court had to decide on two cases. In one case in 2018, the traveler did not even take the flight from Düsseldorf to Palma de Mallorca because it was already clear: the plane would land much too late and he would miss his business appointment at the destination.
In the other case, the traveler, who also wanted to fly from Düsseldorf to Palma de Mallorca in 2019, had independently arranged a replacement flight in view of the possible delay and actually did not arrive quite as late.
The legal service provider flightright sued the German courts for both, and the Federal Court of Justice referred the matter to the ECJ in Luxembourg for clarification.
Passengers must come to check-in
Normally, under European law, there is a flat rate compensation payment for delays of more than three hours. In these cases, however, it does not have to be paid.
Passengers have a duty to go to check-in, say the European judges. Because the flight should take place, unlike if it were canceled completely.
Anyone who doesn’t show up at all is not entitled to the flat-rate European compensation. The most he could do is try to get compensation from the airline under other laws.
The same applies to anyone who takes a replacement flight on their own initiative. Because the only thing that matters is that you have lost time, more than three hours. If the passenger was delayed for less than three hours, he does not have to receive any compensation under European law.
Gigi Deppe, SWR, tagesschau, January 25, 2024 12:31 p.m