European Court clarifies rights in case of flight delays outside of the EU
Suppose you book a flight, with a transfer, to a destination outside the European Union. You’re flying with a non-European airline and the second flight is performed entirely outside of the EU. Because of an overbooking on the connecting flight you are put on a different flight and you arrive at your destination hours later. Are you entitled to a financial compensation under the European Regulation No 216/2004?
Taking it to court
A passenger bought an airline ticket with a transfer from Royal Air Maroc. The two flights ‘Berlin – Casablanca’ and ‘Casablanca – Agadir’ were booked as one trip. The second flight was overbooked and for this reason the passenger was put on a different flight. This flight arrived at its destination four hours later.
According to the European regulations, passengers are entitled to financial compensation in the event of overbooking. Because the flight in question ‘Cassablanca – Agadir’ was operated outside the EU it was unclear whether the regulation could be applied to this situation.
Statement of the European Court of Justice
The European Court of Justice ruled that the European regulation applies to all flights that were part of a single booking, provided that the airport of departure or transfer is located within the territory of a member state. Because the passenger departed from Berlin, they are entitled to financial compensation under Regulation No 261/2004.
Calculate compensation
Have you dealt with flight delays or cancellations? With the help of our flight calculator you can calculate, in a few simple steps, whether or not you are entitled to compensation and if yes, which type.