ECJ: Flight Delays Attributed to Passenger Boarding Procedures

May 28, 2026 Benn-Ibler Rechtsanwälte

The European Court of Justice (ECJ) examined whether an airline may invoke extraordinary circumstances pertaining to a previous flight as the cause of a delay, notwithstanding its independent decision to wait for passengers from that earlier flight.

Compensation for delay

In the principal proceedings, two passengers had sought compensation of EUR 400 from an airline due to a delay exceeding three hours affecting their flight (hereinafter Flight 2). Owing to prolonged security screening at a different airport, all passengers on a preceding flight (hereinafter Flight 1), which is relevant to these proceedings, arrived late for boarding. The airline opted to await these passengers, resulting in Flight 1 departing with a delay of more than five hours.

The Regional Court (hereinafter Landgericht) of Düsseldorf subsequently referred the question to the ECJ as to whether this independent decision by the airline means that it cannot invoke the extraordinary circumstance that occurred on a previous flight.

Primary cause of the delay

The ECJ has now ruled that an airline may not claim extraordinary circumstance at issue—pertaining to an earlier flight in a rotation—if the main reason for the subsequent delay was the airline’s independent decision to wait for passengers delayed by security checks. Additionally, such a decision must not have been obligatory for the airline, for instance, due to a legal requirement. It is the responsibility of the Landgericht of Düsseldorf to assess whether this condition applies.

ECJ T-656/24 (4 March 2026)