Azurair and Others (Air transport - Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights - Judgment) [2021] EUECJ C-146/20 (21 December 2021)

Azurair and Others (Air transport - Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights - Judgment) [2021] EUECJ C-146/20 (21 December 2021)

A flight is considered 'cancelled' if brought forward by more than one hour. Passengers have a 'confirmed reservation' if provided with 'other proof' by a tour operator, even without carrier confirmation. The scheduled time of arrival for compensation can be based on such proof. Compensation reduction under Article 7(2) does not apply to flights brought forward. Carriers must provide specific information to passengers under Article 14(2).

Citation
[2021] EUECJ C-146/20
Parties
Applicants: AD, BE, CF, LH, AG, MG, HG, flightright GmbH; Respondents: Corendon Airlines, Azurair GmbH, Eurowings, Austrian Airlines
Jurisdiction
European Union
Judgment Date
21 December 2021
Procedural Posture
Preliminary Ruling (joined Cases C 146/20, C 188/20, C 196/20, C 270/20) / Judgment of the Court of Justice of the European Union
Outcome
Questions answered; interpretation of Regulation (EC) No 261/2004 provided.
Legal Topics
Air Passenger Rights, Flight Cancellation, Flight Delay, Compensation for Air Passengers, Interpretation of Regulation (ec) No 261/2004
European Union Law Transport Law Consumer Protection Air Passenger Rights Flight Cancellation Flight Delay Compensation for Air Passengers Interpretation of Regulation (ec) No 261/2004

Case Brief

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Parties

AD, BE, CF, LH, AG, MG, HG, flightright GmbH

Applicants

Corendon Airlines, Azurair GmbH, Eurowings, Austrian Airlines

Respondents

Procedural Posture

Preliminary Ruling (joined Cases C 146/20, C 188/20, C 196/20, C 270/20) / Judgment of the Court of Justice of the European Union

Legal Issues

  1. 1 Whether bringing forward a flight constitutes 'cancellation' under Regulation 261/2004
  2. 2 Whether a passenger has a 'confirmed reservation' based on documents from a tour operator
  3. 3 Whether an air carrier is an 'operating air carrier' without direct booking confirmation

Ratio Decidendi

A flight is considered 'cancelled' if brought forward by more than one hour. Passengers have a 'confirmed reservation' if provided with 'other proof' by a tour operator, even without carrier confirmation. The scheduled time of arrival for compensation can be based on such proof. Compensation reduction under Article 7(2) does not apply to flights brought forward. Carriers must provide specific information to passengers under Article 14(2).

Court Disposition

Questions answered; interpretation of Regulation (EC) No 261/2004 provided.

Orders

  • A flight brought forward by more than one hour is 'cancelled' under Regulation 261/2004.
  • Passengers have a 'confirmed reservation' with 'other proof' from a tour operator.