The right to double compensation where the re-routed flight suffers a long delay – Upholding high standards of EU consumer protection

Abstract

In March 2020, the CJEU delivered its judgment in the Case C-832/18 A and Others v. Finnair Oyj concerning the application of EU Regulation 261/2004 on air passenger compensation. It considered whether passengers are entitled to compensation for cancellations or long delays of ‘re-routed’ flights to which they have been placed following cancellations of their original flight. In its preliminary ruling, the CJEU also considered whether a technical failure of a part which has been identified by aircraft manufacturer as being potentially defective but is only replaced once it is actually defective (a so-called ‘on condition’ part), constitutes an ‘extraordinary circumstance’ that could exempt airlines from their obligation to compensate passengers. By answering the first question in the positive and the second in the negative, the CJEU reaffirmed its well-established practice of a passenger-friendly interpretation of Regulation 261/2004.