Regulation 261/2004 does not cover helicopter transport

Two passengers claimed compensation after part of their flight was cancelled. The cancelled segment was supposed to be operated by helicopter. The key question in the case became whether helicopter transport, as part of an overall flight journey, is covered by Regulation 261/2004.

When a journey consists of several flights, the journey must be completed with a directly connecting fixed-wing aircraft to be covered by the regulation. The Copenhagen City Court found that helicopters cannot be considered "fixed-wing aircraft" under the regulation.

The court also emphasised that no evidence suggested that the passengers were unaware that the final part of the journey would be conducted by helicopter. Therefore, the case was dismissed.

IUNO’s opinion

The case shows that helicopter transport cannot constitute a direct flight connection under Regulation 261/2004. This is why airlines are not required to pay compensation if they cancel the part of the journey intended to be operated by helicopter.

However, IUNO recommends that airlines inform passengers if any part of the flight will be conducted by helicopter. It may prove crucial whether passengers were aware of this.

[Copenhagen City Court judgment of 11 October 2024 in case BS-5207/2023-KBH]