The recent ruling sheds light on the Compensation rules for Connecting Flights

Last updated on May 19, 2023

For travelers embarking on long-haul journeys from the United States to Asia or the Middle East, connecting flights through the European Union (EU) often provide convenient and efficient routes. However, understanding and asserting your rights as a passenger during such complex itineraries can be a daunting task.

In a significant legal development, the Court of Justice recently rendered a judgment in the case of Airhelp Ltd vs Austrian Airlines AG, providing crucial insights into the interpretation and scope of Regulation (EC) No 261/2004. This landmark decision brings clarity to the rights of passengers traveling on connecting flights, offering valuable guidance for both travelers and airlines alike.

The case revolved around a passenger, represented by Airhelp Ltd, whose flight was canceled by Austrian Airlines. The dispute centered on whether the passenger was entitled to compensation under Regulation No 261/2004, which protects air passenger rights in the European Union.

Compensation rules for Connecting flights

The Court of Justice made two key conclusions that shape the understanding of passenger rights for connecting flights:

Holistic Approach to Journey: The court affirmed that a journey with connecting flights, booked under a single reservation, is considered as a whole. This means that the applicability of Regulation No 261/2004 is determined by assessing the journey’s initial departure and final destination, rather than focusing on individual segments or stops.

Territorial Consideration: The court clarified that passengers on connecting flights, where both the initial departure and final destination are located in third countries, cannot claim the provisions of the regulation solely because one or more stops occur within the territory of the European Union. The regulation applies based on the journey’s endpoints, emphasizing the need for a stronger connection to EU territory for compensation eligibility.

Changes in regulation for airlines and passengers

This court decision carries important implications for both passengers and airlines. Passengers will need to be aware that their entitlement to compensation under Regulation No 261/2004 for connecting flights is contingent upon the journey’s overall structure and the locations of their initial departure and final destination.

Airlines, on the other hand, will have a clearer framework for assessing their obligations towards passengers on connecting flights. This ruling helps airlines understand the territorial aspects of passenger rights and provides them with guidance on properly handling compensation claims.

The Court of Justice’s judgment in the Airhelp Ltd v Austrian Airlines AG case brings much-needed clarity to the application of Regulation No 261/2004 for passengers on connecting flights. By adopting a holistic perspective on journeys and considering the territorial context, this ruling helps establish a fair and balanced framework for protecting air passenger rights.

As travelers continue to navigate the intricacies of air travel, this court decision serves as a crucial reference point, ensuring greater transparency and accountability in the airline industry.

Ultimately, when you are familiar with air passenger rights and believe you may be entitled to delayed or cancelled flight compensation, find out which best flight compensation companies can help you.