Hembesler (Air transport - Package tour - Judgment) [2024] EUECJ C-650/23 (17 October 2024)

Hembesler (Air transport - Package tour - Judgment) [2024] EUECJ C-650/23 (17 October 2024)

Article 4(3) of Regulation (EC) No 261/2004, read with Article 2(j), entitles an air passenger with a confirmed reservation for a flight forming part of a package tour to compensation from the operating air carrier if the tour operator, without informing the carrier in advance, notifies the passenger that the flight will not be performed, but the flight is in fact operated as planned. The air carrier is responsible for the tour operator's notification, and the passenger need not present for boarding to claim compensation.

Citation
[2024] EUECJ C-650/23
Parties
Appellant (case C 650/23): E EAD; Respondent (case C 650/23): DW (air passenger); Appellant (case C 705/23): Flightright GmbH; Respondent (case C 705/23): Condor Flugdienst GmbH
Jurisdiction
European Union
Judgment Date
17 October 2024
Procedural Posture
Preliminary Ruling (joined Cases C 650/23 and C 705/23) / Court of Justice of the European Union, Eighth Chamber, Preliminary Reference
Outcome
Reference answered; air carrier liable for compensation under Article 7(1) of Regulation No 261/2004 in the circumstances described.
Legal Topics
Air Passenger Rights, Denied Boarding, Compensation for Flight Disruptions, Package Travel, Liability of Air Carriers for Tour Operator Actions
European Union Law Transport Law Consumer Protection Air Passenger Rights Denied Boarding Compensation for Flight Disruptions Package Travel Liability of Air Carriers for Tour Operator Actions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

E EAD

Appellant (case C 650/23)

DW (air passenger)

Respondent (case C 650/23)

Flightright GmbH

Appellant (case C 705/23)

Condor Flugdienst GmbH

Respondent (case C 705/23)

Procedural Posture

Preliminary Ruling (joined Cases C 650/23 and C 705/23) / Court of Justice of the European Union, Eighth Chamber, Preliminary Reference

Legal Issues

  1. 1 Whether an air passenger with a confirmed reservation for a flight forming part of a package tour, who is notified by the tour operator (without the carrier's prior knowledge) that the flight will not be performed, but the flight is in fact operated as planned, is entitled to compensation from the operating air carrier under Regulation (EC) No 261/2004.

Ratio Decidendi

Article 4(3) of Regulation (EC) No 261/2004, read with Article 2(j), entitles an air passenger with a confirmed reservation for a flight forming part of a package tour to compensation from the operating air carrier if the tour operator, without informing the carrier in advance, notifies the passenger that the flight will not be performed, but the flight is in fact operated as planned. The air carrier is responsible for the tour operator's notification, and the passenger need not present for boarding to claim compensation.

Court Disposition

Reference answered; air carrier liable for compensation under Article 7(1) of Regulation No 261/2004 in the circumstances described.

Orders

  • Article 4(3) of Regulation (EC) No 261/2004, read with Article 2(j), interpreted to allow compensation claim by passenger against air carrier where tour operator, without informing carrier, notifies passenger of non-operation but flight is operated as planned.