Court of Justice: airlines do not have to pay for repatriation during corona

Flight cancellation during the pandemic

The ruling came after an Austrian couple filed a lawsuit. The couple stranded in Mauritius in March 2020, after Austrian Airlines cancelled their flight due to corona measures. The couple eventually made it home by signing up for a repatriation flight organised by the Austrian government. For this repatriation flight they had to pay € 500 per person. 

The repatriation flight was operated by Austrian Airlines, at the same departure time as the original return flight. The passengers therefore felt that they had been charged twice for the same flight. They therefore asked for the € 500 per person back (plus interest).

Re-routing

Airlines canceling a flight must inform passengers about their rights, provide assistance and offer re-routing to their final destination. Can a repatriation flight also be seen as re-routing? And can passengers therefore claim reimbursement of these expenses?

According to the Court, this is not possible. The European rules concern commercial flights. A repatriation flight is not a commercial flight. Travel conditions and available services on board may differ. In addition, airlines cannot ‘rebook’ passengers to the repatriation flight because airlines cannot decide which passengers are ultimately allowed to be on this flight. That decision lies with the country that organises the repatriation.

National court

This does not mean the Austrian couple is left completely empty-handed. The Court of Justice stresses that passengers can always present cases that are subject to the rules to a national court. The airline should have, for example, refunded the cancelled tickets and should have provided enough information and assistance. A national case must determine what would be a reasonable compensation.

Want to know more?

Find more information about case C-49/22 on the Infocuria website (case law of the Court of Justice).