A recent decision by the European Court of Justice has clarified a crucial aspect of air passenger rights regarding compensation claims.
Passengers are now clearly required to be present at the airport to qualify for compensation under EU Regulations if their flights are delayed.
In a significant ruling, the European Court of Justice (ECJ) has determined that air passengers who fail to appear at the airport for delayed flights are not entitled to compensation under EU Regulation 261 regarding air passenger rights. This decision underscores the necessity for passengers to be present to claim compensation, aligning with the regulation’s requirements.
This landmark decision arose from a case involving Ryanair’s subsidiary, Laudamotion, and the claims company Flightright. The case concerned two passengers who did not present themselves for a flight delayed by over three hours between Dusseldorf and Palma de Mallorca. Despite being informed of the delay, one passenger opted for an alternative flight, and both pursued compensation claims, which were initially dismissed.
After an initial dismissal, Flightright succeeded in appealing the decision, prompting Laudamotion to escalate the matter to the Federal Court, seeking clarity from the ECJ on the compensation entitlement without passenger check-in presence. However, the ECJ maintained that compensation under Regulation 261 requires passengers to present themselves for check-in, except in cancellation scenarios.
Regulation 261, providing compensation for delays, mandates passengers to check in and be available to airline representatives. The ECJ highlighted that the passengers in question had not experienced a loss of time warranting compensation. This reinforces the regulation’s stance on the need for physical presence, even when online check-in has been completed.
In the UK, Regulation 261 remains applicable under the Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations of 2005. While there have been proposals to amend this regulation domestically, current plans do not entail parliamentary changes. Importantly, the regulation persists for all flights to and from the European Union.
The ruling highlights the intricacies of compensation claims and the prerequisite of passenger presence. It clarifies that non-attendance at check-in precludes compensation eligibility. This decision may shape future disputes in the UK, although the stance post-Brexit remains uncertain, given potential divergence from ECJ precedents.
This verdict emphasises the importance of understanding flight delay compensations and the regulatory framework underpinning them. It serves as a reminder for passengers about the protocols required for compensation claims and the legal interpretations that can influence outcomes.
This ruling by the ECJ sets a precedent, emphasising the necessity for passenger attendance for compensation claims.
As regulations evolve, passengers must be acutely aware of their rights and responsibilities to ensure compliance and potential entitlements.
