LUXEMBOURG (CN) — Passengers whose flight times are moved up by more than an hour are eligible for financial compensation, the European Court of Justice ruled Tuesday, saying such cases require treating the flight as though it was canceled.
The First Chamber of the Luxembourg-based body arrived at the decision after consolidated complaints in Germany and Austria from passengers who experienced disrupted flight schedules while traveling with Azurair, Corendon Airlines, Austrian Airlines, Eurowings and Laudamotion.
In one case, three passengers traveling from Düsseldorf, Germany, to Antalya, Turkey, had booked tickets that departed at 10:20 a.m., but the flight was moved to 8:40 a.m. When flights are moved forward more than an hour, “passengers are unable to use their time as they wish and to organise their trip or holiday according to their expectations,” the judges wrote.
Air travelers in the 27-member state political and economic union are entitled through the EU’s Passenger Rights Act to financial compensation if their flights are delayed. Depending on the distance of the flight and length of delay, compensation ranges from 250 to 600 euros ($282–$678). If airlines offer a similar route in advance, that can be reduced by half.
What the court found Tuesday, however, is that airlines cannot reduce compensation even if passengers ultimately arrive at their destination before originally planned.
In a case where a group of three was traveling from Vienna, Austria, to Cairo, Egypt, their original flight was scheduled at 10:15 p.m. That flight was canceled on the day of the flight, and they were instead offered tickets on a flight that departed at 10:20 a.m., which they accepted. As they ultimately arrived in Cairo nearly 12 hours sooner than they would have, Austrian Airlines reduced their compensation by 50%. The court found that, regardless of their earlier arrival, the passengers suffered a “serious inconvenience” and should be fully compensated.
“The EU legislature has recognized that, where a flight has been brought forward by a significant amount of time, that may result in serious inconvenience for passengers,” the court wrote.
If flights are moved forward by more than an hour, the flight should be treated for compensation purposes as if it was canceled, according to the ruling.
The court has mostly sided with passengers over airlines when compensation is at stake. The court has ruled passengers must be compensated if they booked via a travel agency, if the delay is due to a strike, and if passengers are stranded due to the eruption of Icelandic volcano Eyjafjallajökull, as happened in 2012. The court did side with airline Germanwings after a loose screw on the runway punctured a tire, finding that counted as “extraordinary circumstances.”
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