Court of Justice: no entitlement to compensation for flight delays due to a shortage of baggage handling staff
Passengers are not entitled to financial compensation if a delay is caused by a shortage of baggage handling staff at the airport. However, the airline must prove there was nothing it could do about the situation and that it took appropriate measures to reduce harm. This was how the Court of Justice ruled in the case of Touristic Aviation Services Ltd v. Flightright GmbH.
Flight delays
A TAS flight from Germany to the Greek island of Kos was delayed by almost four hours. The delay was due to staff shortages at Cologne Bonn Airport. There were not enough employees there to load luggage onto the plane.
With the assistance of a claims agency, a group of affected passengers claimed compensation under European rules. According to the passengers, the delay was the fault of TAS and they were therefore entitled to financial compensation. The case was eventually brought before the German court.
Right to compensation
According to EU law, an airline does not have to pay compensation for a long delay if it can prove the delay was due to ‘exceptional circumstances’. These are situations the airline cannot avoid, even if it takes all reasonable measures. The issue in this matter is whether the shortage of baggage handlers could be regarded as an 'exceptional circumstance'. The German judge requested clarification from the Court of Justice.
Court of Justice
According to the Court, insufficient baggage handling staff can be regarded as an 'exceptional circumstance'. This is the case if:
- the event that caused the delay is not part of the airline's normal activities
- the airline has no control over that event
It is up to the national court to determine whether the problem with baggage handling is a general shortcoming. Is it indeed a general shortcoming? Then the loading of baggage is not part of the airline's normal activities. The judge must also consider whether TAS could have done anything about these problems and, therefore, whether TAS could exert actual control over the airport.
If the shortage of personnel is an 'exceptional circumstance', it does not mean the airline never has to pay compensation. The airline must first prove it could do nothing about the situation, even if it had taken all reasonable measures, and that it took any necessary action to resolve the consequences. Is the airline unable to prove this? Then it must pay compensation after all.
Want to know more?
You can read the full ruling in case C-405/23, Touristic Aviation Services, on the InfoCuria website (case law of the Court of Justice) CURIA - Documents (europa.eu).