Court of Justice: no compensation for passengers for delay in the event of no loss of time.
If there is no loss of time, a passenger is not entitled to financial compensation in the event of a delay. That is what the Court of Justice ruled in a claim against Laudamotion and Ryanair. Passengers who do not travel on a delayed flight, or passengers who limit the delay by rebooking another ticket themselves, are not entitled to flat rate compensation. No loss of time has been incurred in such cases.
Delayed flights
This claim concerned two flights from Düsseldorf to Palma de Mallorca. These flights were expected to be delayed for over three hours. Two passengers who were due to fly were therefore concerned they would miss a business appointment due to the delay. One of the passengers decided not to fly. The other passenger booked another flight himself, arriving in time for his appointment. He arrived with a delay of less than three hours compared to the first scheduled flight.
The German court
Both passengers demanded compensation of 250 euros for the delay to their flights. The case came before the German court because the airline refused to pay. The German court asked the European Court of Justice whether an airline passenger is entitled to compensation if they choose not to travel on the delayed flight. Or if the passenger books another flight themselves and thus experiences less of a delay.
Court of Justice
If a flight is delayed for over three hours, the passenger is often entitled to compensation for this loss of time. However, according to the Court of Justice, there is no entitlement to flat rate compensation if a passenger does not travel on a delayed flight. How exactly does that work?
Passenger does not fly
A passenger who does not go to the airport and chooses not to fly on the delayed flight has suffered no loss of time. And is therefore not entitled to compensation.
The Court does say that under other rules, a passenger may be able to claim compensation for a missed business appointment.
Booked another ticket
What if the passenger chooses not to travel on the delayed flight and books another ticket themselves? Are they entitled to compensation in such cases? They may then arrive with a delay of less than three hours with this new flight. The Court says that there is no entitlement to compensation in such cases either. Because this passenger has again suffered no loss of time.
The Court says the rights of airline passengers are intended to remedy 'significant problems and inconvenience' suffered by passengers. But if someone limits the delay by booking another ticket, there is no ‘significant’ inconvenience.
Want to know more?
You can find the full ruling in case C-54/23 WY vs Laudamotion and Ryanair and case C-474/22 Laudamotion vs flightright on the InfoCuria website (case law of the Court of Justice) CURIA - Documents (europa.eu) and CURIA - Documents (europa.eu).