A passenger who was unable to check in online for her flight booked for the next day contacted the defendant airline. They then informed her that they had rebooked her – unilaterally and without informing her in advance – on a flight the previous day. At the same time, the airline informed her that her return had been prevented more than two weeks ago because she was unable to board the outbound flight. The passenger has already legally received the cost of the replacement tickets and compensation for the outward flight by the national court. Due to this denial of boarding for the return flight, the passenger also demanded that the airline pay a fixed compensation of 250 euros.
An air carrier that has previously notified a passenger that it will, against his will, deny him boarding on a flight for which he has a confirmed reservation must pay compensation to the passenger, even if he does not show up at the boarding gate. This interpretation of the Regulation on the Rights of Air Passengers saves passengers an unnecessary formality and contributes to achieving the objective pursued by this regulation, namely the granting of a high level of protection.
The Air Passenger Rights Regulation (Article 5(1)(c)) provides for an exception to passengers’ right to compensation in the event of a flight cancellation, if the airline informs the passenger of the cancellation at least two weeks before the scheduled time. match. However, this provision does not regulate the case where a passenger was informed, at least two weeks before the scheduled time of departure, that the air carrier would not transport him against his will, and is therefore entitled to a claim for compensation for denial of boarding within the period within the meaning of article 4 of the Air Passenger Rights Regulation. According to ECJ jurisprudence, the aim of the Air Passenger Rights Regulation to ensure a high level of protection for passengers justifies a broad interpretation of the rights granted to them. On the other hand, an exception to provisions granting rights to passengers must be interpreted restrictively. Therefore, Article 5, Paragraph 1, letter c) Z i) Air Passenger Rights Regulation must be interpreted restrictively. This provision does not apply in the case of denied boarding, but only in the case of flight cancellation,
ECJ October 26, 2023, C-238/22, LATAM Airlines