Luxembourg – Air passengers are entitled to a compensation if their
flight is delayed by three hours or more. That is the final judgment as ruled
by the Court of Justice of the European Union. For years airline companies
called the legislation into question and were unwilling to compensate for
flight delays. With today’s judgment the Court – being the highest court in the
European Union – has made an end to any lack of clarity.
Based on the Sturgeon arrest the
Court in 2009 already ruled that flight delays entitle air passengers to
compensation which can be up to £480 per passenger. Conditions are that the
flight has been delayed by three hours or more and no extraordinary
circumstances (e.g. extreme weather conditions, unannounced strikes) have had
an effect.
Airline companies, stakeholder
organisations and air passengers kept on having a disagreement and therefore
clear legislation was necessary. On 15 May this year Advocate General Yves Bot
already stated that there should be no reason to call the current legislation
into question. This judgment is now confirmed by the European Court.
Additionally the Court affirmed that this legislation has retroactive effect.
Claiming a compensation
European judges decide over and over again in favour of air passengers. Nonetheless, receiving a compensation remains a hassle. “This probably will not change even after the verdict” according to www.Flight-Delayed.co.uk – a web portal that helps air passengers in claiming their compensation. The ruling will cost the airlines hundreds of millions.
Passenger rights get increasingly
enforced. The European Parliament is working on a directive that will require airline
companies to refer to passenger rights on every flight ticket they sell. For
now www.flight-delayed.co.uk is
the easiest way for passengers to claim a compensation. With their “3-minute
claim processor” starting a procedure is accessible for everyone.
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