Air travellers have received a significant boost to their rights following a recent court ruling. But it may not help British passengers embroiled in disputes with airlines thanks to Brexit. The Court of Justice of the European Union (CJEU) has handed down a judgement in a Polish case involving two passengers who experienced a delay of almost 24 hours on a flight from Tenerife to Warsaw.
Under EU law, the travellers were eligible for compensation from the airline for the disruption. However, the airline, which has not been named in court documents, refused to pay out.
It argued that the passengers lacked a confirmed and paid-for reservation for the flight. The CJEU has now ruled that a boarding pass, which the passengers possessed, can serve as proof of a valid booking.
A spokesperson for the CJEU stated: “The Polish court, before which those passengers brought an action, referred the matter to the Court of Justice. It wishes to ascertain whether, contrary to the position of the air carrier, those passengers should be compensated under EU law.
“The Court has replied in the affirmative. It considers that a boarding pass may constitute other proof that the reservation has been accepted and registered by the air carrier or tour operator for the flight concerned.
“Thus, apart from in abnormal circumstances, passengers who presented themselves for check-in and who took the flight concerned, with a boarding pass for that flight, must be regarded as having a confirmed reservation on that flight.”
The verdict has further ramifications that could spell trouble for airlines. The CJEU clarified that passengers who have booked flights as part of a package deal are also entitled to compensation.
The airline involved argued that, because the flight from Tenerife to Warsaw was part of a package tour bought by a third-party company at a discount, the passengers paid a reduced fare and were therefore not eligible for compensation.
However, the CJEU dismissed this argument, stating: “Moreover, the Court does not consider the passengers in question to have travelled free of charge or at a reduced fare not available directly or indirectly to the public.
“Such a situation would arise only if it were the air carrier itself which granted them such a possibility. Accordingly, the fact that a third party paid the price of the package tour to the tour operator and that the latter, in turn, paid the price of the flight to the air carrier in accordance with market conditions does not prevent the passengers from enjoying the right to compensation.
“The Court also states that it is for the air carrier to demonstrate, in accordance with the rules laid down by national law, that a passenger has travelled free of charge or at such a reduced fare.”
However, Brexit may have altered the landscape for Britons as the UK is no longer obligated to adhere to CJEU rulings. Legal experts at Travers Smith law firm explain that CJEU judgements made post-2021 do not directly apply in the UK.
Yet, considering UK courts often draw on EU case law when relevant, British travellers could potentially enjoy similar rights in the future.