EN
Aviation

Air carrier acquitted: 36-minute turnaround time was sufficient

logo
Legal news
calendar 27 February 2020
globus Denmark

According to the EC Regulation 261 / 2004, ATC-restrictions fall within the concept of extraordinary circumstances. This has also been established in case-law. In order to be released of its obligation to pay compensation for the delay or cancellation of a flight, the air carrier must lift a heavy burden of proof. The air carrier must prove that the ATC-restrictions were the cause of the delay or cancellation. However, in a recent proceeding before Göteborgs Tingrätt, IUNO’s Swedish legal team succeeded in lifting the burden of proof and getting the air carrier released of its obligation to pay compensation.

The case concerned a passenger who was delayed by more than three hours on his flight from Gothenburg to Rabat via Paris. The delay appeared because the flight from Gothenburg to Paris arrived at its destination later than scheduled, so the passenger missed his connecting flight to Rabat and had to be rebooked to the following flight. Therefore, the passenger claimed compensation for the delay. The air carrier rejected the claim on the ground that the delay was caused by extraordinary circumstances constituted by ATC-restrictions, which had been imposed on the aircraft in question on its earlier flights the same day.

The matter was presented before Göteborgs Tingrätt (the District Court of Gothenburg), which had to decide whether the ATC-restrictions constituted extraordinary circumstances that could exempt the air carrier from its obligation to pay compensation to the passenger for the delayed flight.

The delay was outside the air carrier’s control

In its judgement, Göteborgs Tingrätt referred to recital 15 in the preamble to Regulation 261. The recital states that extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to for example a long delay or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations.

It is the air carrier which must prove that the delay in question was caused by extraordinary circumstances. The Court stated that it appeared from the flightlog presented by the air carrier that the flight in question had been delayed on its earlier flight, first due to ATC-restrictions as a result of bad weather, and later due to the conditions at the airport runway. From the flightlog it also appeared that the delay on the flight from Gothenburg to Paris occurred since the flight had been delayed by an earlier arrival.

ATC-restrictions, which are imposed on a flight, are outside the air carrier’s effective control. All the mentioned reasons for delay were a consequence of air traffic management decisions and not the air carrier’s decisions. The Court considered that the air carrier, by means of the information in the flightlog, had proven that extraordinary circumstances occurred in the form of ATC-restrictions imposed on the flight in question on the day of the delay, which caused long delays on the following flights performed by the aircraft.

No impact on weather or ATC-restrictions

Furthermore, Göteborgs Tingrätt stated that the air carrier had taken all reasonable measures to avoid the extraordinary circumstances. Since the air carrier does not have any impact on either bad weather or air traffic management decisions, it was very limited what measures could be taken. According to CJEU case-law the air carrier, at the stage of organizing the flight, must take account of the risk of delay connected to the possible occurrence of extraordinary circumstances. Therefore, the air carrier must provide for a certain time reserve to avoid that all extraordinary circumstances lead to long delays and cancellations of flights.

36 minutes was OK and there is no general minimum time reserve

Göteborgs Tingrätt emphasized that there is no general minimum time reserve. Furthermore, the Court stated that a 36-minute turnaround time could not be considered too tight for a flight within Europe and that it could not be required that the air carrier should have taken account of the risk of delay on all flights to or from Paris when it organized its flights. Moreover, the air carrier had rebooked the passenger on the following flight from Paris to Rabat.

Based on this, the Court found it proven that the delayed flight was caused by extraordinary circumstances which could not have been avoided if all reasonable measures had been taken. Therefore, the air carrier was exempted from its obligation to pay compensation to the passenger for the delayed flight.

IUNO’s opinion

The judgement is important since the Court specifically examines the way the air carrier had planned its rotations. In the judgement, the Court directly states that a 36-minute turnaround time from arrival to next departure cannot be considered irresponsibly short on a flight within Europe. The Court, thereby, particularly addresses the air carrier’s route planning.

Since the Court also states that the air carrier could not have been expected to take all potential delays on other flights into account, the judgement reflects that the air carrier is relatively unrestricted in relation to organizing its flights. The judgement corresponds well with the considerations behind Regulation 261 / 2004. In the end, one must remember that most flights are executed according to the schedule, and that a short turnaround time, therefore, also generally benefits the passengers, who thereby avoid unnecessarily long waiting periods in the transit airport.

The case concerned a passenger who was delayed by more than three hours on his flight from Gothenburg to Rabat via Paris. The delay appeared because the flight from Gothenburg to Paris arrived at its destination later than scheduled, so the passenger missed his connecting flight to Rabat and had to be rebooked to the following flight. Therefore, the passenger claimed compensation for the delay. The air carrier rejected the claim on the ground that the delay was caused by extraordinary circumstances constituted by ATC-restrictions, which had been imposed on the aircraft in question on its earlier flights the same day.

The matter was presented before Göteborgs Tingrätt (the District Court of Gothenburg), which had to decide whether the ATC-restrictions constituted extraordinary circumstances that could exempt the air carrier from its obligation to pay compensation to the passenger for the delayed flight.

The delay was outside the air carrier’s control

In its judgement, Göteborgs Tingrätt referred to recital 15 in the preamble to Regulation 261. The recital states that extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to for example a long delay or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations.

It is the air carrier which must prove that the delay in question was caused by extraordinary circumstances. The Court stated that it appeared from the flightlog presented by the air carrier that the flight in question had been delayed on its earlier flight, first due to ATC-restrictions as a result of bad weather, and later due to the conditions at the airport runway. From the flightlog it also appeared that the delay on the flight from Gothenburg to Paris occurred since the flight had been delayed by an earlier arrival.

ATC-restrictions, which are imposed on a flight, are outside the air carrier’s effective control. All the mentioned reasons for delay were a consequence of air traffic management decisions and not the air carrier’s decisions. The Court considered that the air carrier, by means of the information in the flightlog, had proven that extraordinary circumstances occurred in the form of ATC-restrictions imposed on the flight in question on the day of the delay, which caused long delays on the following flights performed by the aircraft.

No impact on weather or ATC-restrictions

Furthermore, Göteborgs Tingrätt stated that the air carrier had taken all reasonable measures to avoid the extraordinary circumstances. Since the air carrier does not have any impact on either bad weather or air traffic management decisions, it was very limited what measures could be taken. According to CJEU case-law the air carrier, at the stage of organizing the flight, must take account of the risk of delay connected to the possible occurrence of extraordinary circumstances. Therefore, the air carrier must provide for a certain time reserve to avoid that all extraordinary circumstances lead to long delays and cancellations of flights.

36 minutes was OK and there is no general minimum time reserve

Göteborgs Tingrätt emphasized that there is no general minimum time reserve. Furthermore, the Court stated that a 36-minute turnaround time could not be considered too tight for a flight within Europe and that it could not be required that the air carrier should have taken account of the risk of delay on all flights to or from Paris when it organized its flights. Moreover, the air carrier had rebooked the passenger on the following flight from Paris to Rabat.

Based on this, the Court found it proven that the delayed flight was caused by extraordinary circumstances which could not have been avoided if all reasonable measures had been taken. Therefore, the air carrier was exempted from its obligation to pay compensation to the passenger for the delayed flight.

IUNO’s opinion

The judgement is important since the Court specifically examines the way the air carrier had planned its rotations. In the judgement, the Court directly states that a 36-minute turnaround time from arrival to next departure cannot be considered irresponsibly short on a flight within Europe. The Court, thereby, particularly addresses the air carrier’s route planning.

Since the Court also states that the air carrier could not have been expected to take all potential delays on other flights into account, the judgement reflects that the air carrier is relatively unrestricted in relation to organizing its flights. The judgement corresponds well with the considerations behind Regulation 261 / 2004. In the end, one must remember that most flights are executed according to the schedule, and that a short turnaround time, therefore, also generally benefits the passengers, who thereby avoid unnecessarily long waiting periods in the transit airport.

Receive our newsletter

Aage

Krogh

Partner

Similar

logo
Aviation

26 February 2024

Cancelled tickets resulted in denied boarding

logo
Aviation

16 February 2024

Automatic rebooking system recognised as a reasonable precaution

logo
Aviation

25 May 2022

Air carriers are not obligated to refund fees charged by ticket providers

logo
Aviation

4 May 2022

Despite several days' notice, a strike counted as an extraordinary circumstance

logo
Aviation

25 April 2022

Air Carrier not liable: No requirement to rebook to an earlier flight

logo
Aviation

25 August 2021

The team

Aage

Krogh

Partner

Adam

Harding Ryyd Lange

Junior legal assistant

Amalie

Bjerre Hilmand

Legal assistant

Amalie

Sofie Sveen Kvam

Legal assistant

Amanda

Jepsen Bregnhardt

Legal assistant

Andrea

Brix Danielsen

Legal assistant

Anna

Bonander

Senior legal assistant

Anna

Kreutzmann

Senior legal assistant

Anne

Poulsen

Senior legal advisor

Anne

Voigt Kjær

Senior legal assistant

Anton

Winther Hansen

Senior legal assistant

Ashley

Kristine Morton

Legal assistant

Benedicte

Rodian

Junior legal assistant

Bror

Johan Kristensen

Senior legal advisor

Carl-Emil

Schumann Dinesen

Senior legal advisor

Chris

Anders Nielsen

Senior legal advisor

Cille

Fahnø

Senior legal assistant

Clara

Caballero Stephensen

Junior legal assistant

Ellen

Priess-Hansen

Junior legal assistant

Elvira

Feline Basse Schougaard

Legal advisor (on leave)

Ema

Besic-Ahmetagic

Senior legal assistant

Emma

Engvang Hansen

Legal assistant

Emma

Frøslev Larsen

Legal manager

Fransine

Andersson

Senior legal assistant

Frederik

Dybro Mikkelsen

Legal assistant

Frederikke

Kirkegaard Thalund

Junior legal assistant

Frederikke

Østerlund Haarder

Senior legal assistant

Frida

Aas Ahlquist

Junior legal assistant

Frida

Assarson

Legal advisor

Gabrielle

Marie Rokkjær

Legal assistant

Gustav

Vestergaard

Legal assistant

Hanna

Honerød Augestad

Legal assistant

Ida

Ralfkiær Rask

Legal assistant

Isabella

Graae Norsker

Legal assistant

Isabella

Rocio Nielsen

Senior legal assistant

Johanne

Berner Nielsen

Legal assistant

Kaisa

Nova Ordell Guldbrand Thygaard

Legal assistant

Karl Emil

Tang Nielsen

Junior legal assistant

Karoline

Halfdan Petersen

Legal manager

Karoline

Nordved

Junior legal assistant

Kathrine

Arntzen Lauvstad

Legal assistant

Laura

Jørgensen

Senior legal advisor

Liva

Tværmose Høegh

Senior legal assistant (on leave)

Mathias

Bech Linaa

Junior legal assistant

Maya

Cecillia Jørgensen

Senior legal advisor

Mie

Lundberg Larsen

Legal manager

Nikoline

Lanzky Otto

Legal assistant

Rosa

Gilliam-Vigh

Senior legal assistant

Selma

Agopian

Senior EU associate

Selma

Klinker Brodersen

Junior legal assistant

Silje

Moen Knutsen

Legal assistant

Sille

Lyng Mejding

Legal assistant

Simone

Bjergskov Nielsen

Senior legal assistant

Sofija

Cabrilo

Legal assistant

Sophia

Maria Dahl-Jensen

Senior legal advisor

Stine

Bank Olstrøm

Legal assistant