Sturgeon v Condor Flugdienst GmbH
Joined Cases C-402/07 and C-432/07 [2009]
Ratio Decidendi
Passengers whose flights are subject to long delays (3 hours or more on arrival at their final destination) are entitled to compensation under EU Regulation 261/2004 on the same basis as passengers whose flights are cancelled, provided the delay was not caused by extraordinary circumstances.
ข้อเท็จจริง
Various passengers experienced long delays to their flights. The airlines argued that Regulation 261/2004 only provided for compensation in cases of cancellation and denied boarding, not delay. The passengers argued that a long delay was functionally equivalent to a cancellation followed by rebooking.
สรุปคำพิพากษา
The CJEU held that passengers arriving at their final destination 3 hours or more after the scheduled arrival time are entitled to the same fixed compensation as passengers whose flights are cancelled (€250, €400, or €600 depending on flight distance). The Court reasoned that the principle of equal treatment required that delayed passengers, who suffer similar inconvenience to those whose flights are cancelled, should be treated alike. Airlines may avoid liability by proving 'extraordinary circumstances'.
คำกล่าวสำคัญ
"Passengers whose flights are delayed and passengers whose flights are cancelled suffer similar damage, consisting in a loss of time, and thus find themselves in comparable situations for the purposes of the application of the right to compensation."
— CJEU, Grand Chamber
การอ้างอิงภายหลัง
Retained in UK law post-Brexit as 'retained EU law'. Applied by UK courts in numerous flight delay compensation claims. The £220/€250, £350/€400, and £520/€600 compensation tiers remain in force.