Boarding pass not required for compensation claim
The European Court of Justice recently ruled that airlines can no longer refuse compensation if passengers do not hand in a paper boarding pass when making a claim. A clear signal to airlines to stop requesting unnecessary documents.
In a previous decision, the French Court of Cassation ruled that passengers of a delayed flight are only entitled to compensation when presenting a paper boarding pass. This ruling has now been overturned by the Court of Justice.
Digital boarding pass
Most airlines offer passengers who check in online the option of sending the boarding pass to their mobile phones. The mobile boarding pass contains all information also printed on a paper boarding pass and, in combination with valid proof of identity, is sufficient to board. The applicants in the present case therefore consider that this digital development should be taken into account when granting compensation in the event of flight delays.
Boarding pass no proof
They also assume that possession of a boarding pass does not prove that a passenger has actually checked in at a check-in desk or was on board the delayed aircraft.
Judgement of the European Court of Justice
The Court goes even further and states that passengers are only required to have a confirmed reservation and to report to the check-in desk before checking in for the flight. In the event of a flight delay, there is therefore no obligation to provide the airline with a boarding pass or other document. If the airline has information proving that a passenger was not on board a delayed flight, it is for the national court to verify this and rule on it.
Case law of the Court of Justice
Read the full judgment in case c-756/18 on the Infocuria website.
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