ECJ: Air passenger rights in the event of a delay in a third country

May 13, 2022 Benn-Ibler Rechtsanwälte

The European Court of Justice (ECJ) was called upon to clarify whether the EU Air Passenger Rights Regulation also applies when a flight departs with a transfer in the EU but the delay only occurs on the second leg of the flight, which takes place in its entirety in a third country.

In the present case, the plaintiffs booked a flight with Lufthansa (based in the EU) from Brussels (Belgium) to San Josè (USA) with a stopover in Newark (USA) through a travel agency with a single booking. The flight was operated entirely by United Airlines (based in the USA). The claimants reached their final destination with a delay of over 3 hours.

They claimed compensation in the amount of EUR 600 each based on the EU Passenger Rights Regulation (Regulation No 261/2004). United Airlines questioned the applicability of the Air Passenger Rights Regulation to the flight in question.

According to Article 3 para 1 lit a of the EU Air Passenger Rights Regulation, it applies to passengers who board a flight on the territory of a Member State that is subject to the provisions of the Treaty.

According to the ECJ, this applies to the present case. It is undisputed that the plaintiffs boarded the flight in a Member State. Moreover, according to the established case law of the ECJ, a flight with a transfer constitutes a whole if it was booked in a single booking transaction. Therefore, the assessment of a delay is based on the place of departure and the actual final destination (in this case San Josè). Moreover, a differentiation as to whether the delay occurred on the first or second leg of the flight would lead to an unjustified differentiation. United Airlines also owed the compensation payment because, as the operating air carrier, it actually operated the flight (on the basis of a codeshare agreement with Lufthansa).

ECJ C-561/20 (07.04.2022)