Before departure, a passenger was informed that his flight was going to be delayed. The passenger decided not to show up for check-in or boarding for the flight, which arrived with a delay of over three hours. He claimed compensation for the delay he would have experienced had he been on the flight.
No compensation for no-shows
The general rule is that a passenger must be present at check-in to claim compensation for a delay. This is not a requirement if the flight is canceled. In this case, the question was whether presence at check-in is also required when there is a prospect of a long delay before boarding.
The European Court of Justice concluded that the general rule requiring a passenger to be present at check-in to be able to claim compensation for a delay also applies when there is a prospect of a long delay before boarding. If the passenger has checked in online, they must be present at the airport in a timely manner with an airline representative.
iuno's opinion
The case shows that even if a long delay is expected, a passenger must make sure to check-in. If the passenger has checked in online, they must present themselves at the airport with an airline representative.
iuno recommends that airlines check whether passengers were present at check-in before paying compensation in a delay case.
[Judgment of the European Court of Justice of 25 January 2024 in case C-474/22]