European Court ruling: you are not always entitled to compensation if you land at another airport

Passenger demands financial compensation for diverted flight 

An Austrian Airlines flight diverted to Berlin Schönefeld airport in the state of Brandenburg. The flight that would originally have landed at Berlin-Tegel airport, eventually landed at Berlin Schönefeld airport with a delay of almost one hour. Austrian Airlines offered the passenger no transport between these two airports despite the airports being in different states. The passenger asserted that a flight diverted to an airport other than what was originally booked could be equated to a cancelled flight. The passenger demanded financial compensation on this basis. 

Court ruling

The European Court explained that a flight landing at a different airport in the same city or region as the original airport could not be equated to a cancelled flight. The passenger was not entitled to compensation for cancellation.

So when are you entitled to compensation? 

A passenger is only entitled to compensation if they reach the airport they originally booked with a delay of three hours or more, except in the event of force majeure.

Airline obligations

In the event of a diversion, the airline must however offer to compensate the passenger for the cost of transport to the airport of its own accord. Or, if applicable and in consultation with the passenger, to another destination in the area.  

What if the airline does not honour this obligation? The passenger is then entitled to a refund of the costs which, taking into account the specific circumstances of the case, are essential, appropriate and reasonable, as compensation for failure to fulfil this obligation.

Court of Justice case law

You can read the ruling in full pertaining to C-826/19, WZ versus Austrian Airlines, on the Infocuria website. Court of Justice case law.