A passenger’s own rebooking did not grant compensation

A passenger was waiting for their delayed flight at the airport but chose to rebook themselves onto another flight, which arrived with a delay of less than three hours. Had the passenger waited for their original flight, they would have arrived with a delay of more than three hours. Therefore, the passenger claimed compensation. The airline rejected the claim because the passenger had not been on board the flight and, therefore, did not experience a delay of more than three hours.

No delay – no compensation

In the Court of Appeal, the airline argued, in line with case law from the European Court of Justice, that the original flight's delay was irrelevant since the passenger, due to their own rebooking, was not delayed by more than three hours. The passenger accepted the airline's argument in the Court of Appeal, and the airline was therefore awarded legal costs.

IUNO’s opinion

The case shows that airlines are not obligated to pay compensation to passengers who rebook themselves onto a flight that arrives with a delay of less than three hours, even if the passenger’s original flight arrives with a delay of more than three hours.

IUNO recommends that airlines double-check the arrival time of the flight a passenger has rebooked themselves onto. In some cases, this can help airlines avoid paying compensation to ineligible passengers.

[Svea Court of Appeal ruling of January 29, 2025, in case FT 7319-24]