Air Passenger Rights Case Law Developments from 1 December 2023 to 15 June 2024

Abstract

From 1 December 2023 to 15 June 2024, there have been several case developments in relation to air passenger rights. The first part of this article highlights recent decisions from the Court of Justice of the European Union that have shed light on the interpretation of EU Regulation No 261/2004, Package Travel Directive (EU) 2015/2302 and Council Directive 93/13/EEC of 5 April 1993 on Unfair Terms in Consumer Contracts.In the case Laudamotion GmbH v. flightright GmbH the Court stressed the standardized nature of compensation for a flight delay and held that for compensation claims under Regulation (EC) No 261/2004 due to a significant flight delay, passengers must adhere to the check-in requirements specified by the airline, even if they have already completed online check-in.In the case Eventmedia Soluciones SL v. Air Europa Líneas Aéreas SAU, the Court defined the rules governing the inclusion, in a contract of carriage, of a clause prohibiting the transfer of rights by passengers and the right of claim management companies to bring proceedings against airlines. In the case Cobult UG v. TAP Air Portugal SA (TAP), the Court clarified the rules applicable to passengers’ consent to the reimbursement of the cost of their ticket by a travel voucher rather than by a sum of money. In the case Touristic Aviation Services Limited (TAS) v. Flightright GmbH, the Court ruled that the shortage of staff at the airport responsible for baggage handling could be considered an extraordinary circumstance, provided the airline could demonstrate that they had taken all reasonable measures to prevent the delay.In the case QM v. Kiwi Tours GmbH, the Court held that to establish the existence of unavoidable and extraordinary circumstances significantly impacting the performance of a travel package, for the purpose of claiming a refund under Directive (EU) 2015/2302, only the situation prevailing on the date when the traveler terminated their travel contract should be considered. In the case Eventmedia Soluciones SL v. Air Europa Líneas Aéreas, the Court ruled on the fairness of clauses governing the assignment of rights by passengers to third parties under Directive 93/13/EEC on Unfair Terms in Consumer Contracts.