EN
Aviation

Six-hour delay in sight – no compensation

logo
Legal news
calendar 20 March 2024
globus Denmark

A passenger arranged his own rebooking when his flight was delayed. The EU Court of Justice ruled that the passenger was not entitled to compensation because the rebooking did not result in a delay of more than three hours compared to the original arrival time.

A passenger was supposed to fly from Düsseldorf to Palma de Mallorca. Before departure, the passenger was informed that the original flight would be delayed by six hours. The passenger took matters into his own hands and rebooked his journey. The passenger arrived with less than three hours delay thanks to the rebooking. However, the passenger still demanded compensation. He argued that he would have been delayed by more than three hours if he had not acted.

The EU Court of Justice's assessment

The EU Court of Justice emphasized that Regulation 261/2004 aims to alleviate passengers' difficulties and serious inconveniences. It may be inconvenient for the passenger to find an alternative flight –  but if the delay is less than three hours compared to the original arrival time, it is not a serious inconvenience.

IUNO's opinion

The case demonstrates that passengers are not entitled to compensation if they rebook their own flight and arrive with less than three hours of delay. This should be seen in light of Article 6 of the Regulation on delayed departure, which does not trigger an obligation for airlines to rebook passengers.

IUNO recommends that air carriers carefully assess whether passengers who arrange their own rebooking meet the necessary criteria to be entitled to compensation.

[Ruling of the EU Court of Justice of 25 January 2024 in Case C-54/23]

A passenger was supposed to fly from Düsseldorf to Palma de Mallorca. Before departure, the passenger was informed that the original flight would be delayed by six hours. The passenger took matters into his own hands and rebooked his journey. The passenger arrived with less than three hours delay thanks to the rebooking. However, the passenger still demanded compensation. He argued that he would have been delayed by more than three hours if he had not acted.

The EU Court of Justice's assessment

The EU Court of Justice emphasized that Regulation 261/2004 aims to alleviate passengers' difficulties and serious inconveniences. It may be inconvenient for the passenger to find an alternative flight –  but if the delay is less than three hours compared to the original arrival time, it is not a serious inconvenience.

IUNO's opinion

The case demonstrates that passengers are not entitled to compensation if they rebook their own flight and arrive with less than three hours of delay. This should be seen in light of Article 6 of the Regulation on delayed departure, which does not trigger an obligation for airlines to rebook passengers.

IUNO recommends that air carriers carefully assess whether passengers who arrange their own rebooking meet the necessary criteria to be entitled to compensation.

[Ruling of the EU Court of Justice of 25 January 2024 in Case C-54/23]

Receive our newsletter

Aage

Krogh

Partner

Similar

logo
Aviation

19 November 2024

Passenger tax errors will cost DKK 10,000 each

logo
Aviation

30 October 2024

Long delay on the horizon

logo
Aviation

9 October 2024

Staff shortages in baggage handling can be an extraordinary circumstance

logo
Aviation

18 September 2024

Guidelines for the Danish air passenger tax

logo
Aviation

18 September 2024

Denmark introduces new air passenger tax

logo
Aviation

12 June 2024

Strike in the sister company

The team

Aage

Krogh

Partner

Adam

Harding Ryyd Lange

Senior legal assistant

Amalie

Bjerre Hilmand

Senior legal advisor

Amalie

Sofie Sveen Kvam

Legal assistant

Amanda

Jepsen Bregnhardt

Senior legal assistant

Andrea

Brix Danielsen

Legal advisor

Anna

Bonander

Legal advisor

Anna

Kreutzmann

Legal manager

Anne

Voigt Kjær

Junior legal advisor

Anton

Winther Hansen

Senior legal advisor

Ashley

Kristine Morton

Legal advisor

Aurora

Maria Thunes Truyen

Junior associate

Benedicte

Rodian

Senior legal assistant

Bror

Johan Kristensen

Senior legal advisor

Chanel

Adzioski

Legal assistant

Chris

Anders Nielsen

Senior legal advisor

Cille

Fahnø

Junior legal advisor

Clara

Caballero Stephensen

Junior legal advisor

Daniel

Bornhøft Nielsen

Legal assistant

Ea

Tingkær Hesselfeldt

Junior legal assistant

Ellen

Priess-Hansen

Senior legal assistant

Elvira

Feline Basse Schougaard

Senior legal advisor

Ema

Besic-Ahmetagic

Legal advisor

Emilia

Naledi Madonsela Mikkelsen

Legal assistant

Emma

Engvang Hansen

Senior legal assistant

Emma

Frøslev Larsen

Legal manager

Feline

Honoré Jepsen

Junior legal assistant

Fransine

Andersson

Senior legal advisor

Frederikke

Kirkegaard Thalund

Senior legal assistant

Frederikke

Østerlund Haarder

Junior legal advisor

Frida

Aas Ahlquist

Senior legal assistant

Frida

Assarson

Senior legal advisor

Holger

Koch-Klarskov

Junior legal assistant

Ian

Englev Jensen

Legal assistant

Ida

Marie Skovgaard Rubæk

Junior legal assistant

Izabell

Celina Bastrup Lüthje

Senior legal assistant

Jacqueline

Lucia Chrillesen

Legal assistant

Johanne

Berner Nielsen

Senior legal assistant

Josefine

Sørensen

Junior legal assistant

Julia

Wolfe

Legal advisor

Kaisa

Nova Ordell Guldbrand Thygaard

Legal advisor

Karoline

Halfdan Petersen

Senior legal manager

Karoline

Nordved

Legal assistant

Kateryna

Buriak

Legal advisor

Laura

Jørgensen

Senior legal advisor

Luna

Bennesen

Junior legal assistant

Marie

Møller Christensen

Junior legal assistant

Maya

Cecillia Jørgensen

Senior legal advisor

Mie

Lundberg Larsen

Junior legal advisor

Nanna

Damkjær

Junior legal assistant

Nourchaine

Sellami

Legal advisor

Rosa

Gilliam-Vigh

Legal advisor

Selma

Agopian

Senior EU associate

Selma

Klinker Brodersen

Junior legal advisor

Silja

Brünnich Fogh von Deden

Legal assistant

Silje

Moen Knutsen

Legal advisor

Stine

Bank Olstrøm

Senior legal assistant

Ulrikke

Sejersbøl Christiansen

Legal assistant

Victoria

Mai Gregaard Handberg

Junior legal assistant