Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The Court of Justice on Articles 3(2)(a), 5(1) and 7(1) of Regulation (EC) No 261/2004 in the event of a long delay of a flight
25 January 2024
The Court of Justice of the European Union, by judgment ECLI:EU:C:2024:73, dated 25 January 2024, in Case C-474/22 – in proceedings between Laudamotion GmbH, an air carrier, and flightright GmbH, a legal assistance company to which an air passenger has assigned his rights against Laudamotion, concerning compensation claimed as a result of the long delay of a flight on which that passenger had a confirmed reservation – ruled that Article 3(2)(a) of Regulation (EC) No 261/2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, must be interpreted as meaning that, in order to be entitled to the compensation provided for in Article 5(1) and Article 7(1) of that regulation in the event of a long delay of a flight, namely a delay of three hours or more after the arrival time originally scheduled by the air carrier, an air passenger must have presented himself or herself for check-in in good time or, if he or she has already checked in online, must have presented himself or herself at the airport in good time to a representative of the operating air carrier.
The text is available here