Eugh strengthens passenger rights in the case of flights brought forward

Eugh strengthens passenger rights in the case of flights brought forward

Passengers will be entitled to compensation if their flight is moved forward by more than one hour.

Airlines must pay a compensation fee of between 250 and 600 euros per trip if they fail to inform passengers in good time of the postponement, according to a ruling by the european court of justice published on tuesday. In concrete terms it means: "a flight is considered cancelled" to be seen when the departing airline brings it forward by more than an hour."

This deprives passengers of the opportunity to freely dispose of their time, according to the luxembourg judges. The new departure time could force passengers to make a great effort to get to the airport on time. In the event of such a "substantial" advance rescheduling, the airline must also always pay the full amount of the compensation, which is staggered according to the distance of the flight (cases C-146/20, C-188/20, C-196/20, C-270/20, C-263/20).

Timely announcement

However, according to the EU passenger rights regulation, carriers do not have to pay compensation in the event of cancellations if they provide timely notice. This is the case, among other things, when travelers are informed at least two weeks before departure. In addition, shorter deadlines apply if an alternative connection is offered at similar times. Background to the ruling are several cases from germany and austria.

An airline that has to pay compensation to passengers because of the conduct of another company has the right of recourse against the other company, according to the judgment. However, the airline also has a duty to inform an unaccompanied passenger from whom compensation can be claimed. Also must be communicated, which documents are necessary for it. However, the exact amount of the compensation due does not have to be disclosed.

The german air transport association (BDL) emphasized that it is in the interest of airlines to adhere to their schedules. "The rescheduling of flights is therefore only a few isolated cases."This could occur, for example, if an attempt is made to avoid delays due to an impending change in the weather or a strike.

The european deputy rasmus andresen buried the judgment of the eugh. "But it is an unacceptable state of affairs that passengers have to sue again and again in order to get their rights," the green politician said. Even without going to court, airlines had to pay out compensation to their customers.

Tuesday’s ruling is not the first in which the eugh has given consumers a hard time: in october, for example, the judges ruled that passengers are generally entitled to compensation even if their connection has been canceled because of a strike by cabin crews. Exceptions only in isolated cases. Previously, the court had clarified that in the event of a short flight detour, the airline must pay for the cost of the journey to the original destination.

But there are also rulings in favor of the airlines. No compensation has to be paid if a flight is delayed because of a rowdy guest. Unless the airline itself contributed to the behavior of the passenger or there were signs of escalation before boarding.

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