March 5, 2021

European Justice ruled that the airline must compensate for delays on a scale outside the EU

The Court of Justice of the European Union (CJEU) said today that a European airline is obliged to compensate its passengers who have suffered a long delay in the second flight of a trip with a stopover, even if this second flight takes off outside the EU and it is operated by a non-European airline.

This second flight was delayed by more than eight hours for which the passengers demanded compensation from the Czech company Ceské aerolinie, which refused to pay them and claimed that it can not be held responsible for the delay of the flight connecting Abu Dhabi and Bangkok, and that this was operated by another airline.

In its ruling today, the CJEU notes that a flight with connections that has been acquired in a single reservation constitutes "one unit" in terms of the right of compensation of passengers set out in European legislation for delays of more than three hours.

"As Ceské aerolinie has effectively operated a flight under the contract of carriage concluded with the passengers in question, it can be qualified as an air carrier in charge of carrying out the flight," the CJEU said in a statement.

The court points out that the airline that operated the first flight "can not shield itself from the bad execution of a subsequent flight operated by another air carrier" to avoid paying compensation for delays in booking a flight with one or more connections.

The sentence deposits in Ceske aerolinie the obligation to pay compensation provided in the second flight of the trip of the eleven passengers, although it indicates that it can be directed against Etihad Airways "in order to obtain the repair of this economic burden".

. (tagsToTranslate) Justice (t) sentence (t) airline (t) compensate (t) EU

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