ECJ Ruling on Reimbursement for Cancelled Flights

Apr 19, 2024 Benn-Ibler Rechtsanwälte

The European Court of Justice (hereinafter ECJ) has recently ruled on the question of if a passenger who has already received a voucher for the cost of an air ticket due to a cancelled flight can still claim a financial refund.

A passenger had a booking for a flight on 1 July 2020 which was cancelled by the defendant airline. On its website, the company offered a refund procedure. By filling in an online form, passengers would immediately receive a travel voucher for the cost of the ticket. For a cash refund, passengers were to get in touch with the airline’s contact centre. Under the terms of the refund policy, a cash refund of the cost of the flight was not an option if a refund in the form of a travel voucher had already been chosen.

The passenger assigned their claims to the plaintiff, who demanded a cash refund from the airline within 14 days. Arguing that the passenger had already received a voucher for the cost of the flight, the defendant airline rejected the claim.

The competent German court, the Landgericht Frankfurt am Main, referred this question to the ECJ for a preliminary ruling on the interpretation of Article 7(3) of the Regulation on Air Passenger Rights (No 261/2004).

According to Article 7(3) of this Regulation, reimbursements may be made by cash, bank transfer, cheque, travel voucher, or other services. Reimbursement in the form of travel vouchers is subject to the passenger’s written consent.

‘Written consent’ must be interpreted to mean, first, that the passenger must be able to make an informed choice and, having been informed, voluntarily agrees to be reimbursed in the form of a travel voucher. Secondly, the requirement of written consent is also satisfied if the passenger sends a form completed on the airline’s website without a handwritten or digitised signature.

Passengers who have already received a travel voucher are not entitled to reimbursement of the cost of the flight, according to the ECJ. However, this is on condition that the air carrier has previously informed the passengers clearly and fully of the reimbursement arrangements available.

ECJ C-76/23 (21 March 2024)