EU Court of Justice judgement on air carrier’s liability for flight cancellation


On 11th May 2017, the Court of Justice of the European Union issued an important judgment on the interpretation of Article 5 par.1, letter c) and 7 of (EC) Regulation n. 261/2004, which provides common rules on compensation and assistance to flight passengers in the event of denied boarding, cancellation or extended delay. The Court held that passengers who are not informed about the cancellation of the flight at least two weeks before the scheduled departure time shall be entitled to a suitable compensation from the air carrier. Moreover, the Court held that the air carrier shall be liable for said compensation even if the omission of the notice to the passengers about the cancellation of the flight is attributable to its agent, who failed to notify the passengers of the cancellation despite the prompt information that he directly received from the air carrier.