Here’s another Court judgment on the infamous (or clarifying, depending on your perspective) Court ruling in Sturgeon. Last November, we reported on the ruling in the joined cases Nelson (C-581/10) and TUI Travel (C-629/10), in which the Court confirmed the judgment in Sturgeon. The Court held that Airline Passengers have the right to the fixed monetary compensation under Article 7(1) of Regulation 261/2004 (the Regulation) in case of a delay of three hours or more. This time, it’s about the question at which stage of the carriage the delay must occur. For the purpose of entitlement to compensation under Article 7(1), is the length of the delay in reaching the final destination alone determinant? Or does entitlement to compensation for such a delay additionally requires that the conditions set out in Article 6(1) of the regulation be met, that is to say, that the departure of the flight in question was already delayed beyond the limits set out in Article 6(1)? If not, for the purpose of determining whether there was a delay, in the case of a flight consisting of several stages, should reference be made to the individual stages or to the distance to the final destination?
The Airlines lost, end of story. I could stop there, refer you to our earlier post and conclude by expressing the hope that airlines will acknowledge defeat and in the future pay compensation when compensation is due under Regulation 261/2004. However, being the academic minded blogger, I’ll go into more detail on the joined cases Nelson (C-581/10) and TUI Travel (C-629/10) below.