Judgment of the Court of Justice in Case C-826/19 Austrian Airlines

Date of article: 22/04/2021

Daily News of: 22/04/2021

Country:  EUROPE

Author: Court of Justice of the European Union

Article language: en

Link: The mere diversion of a flight to a close-by airport does not grant a right to flat-rate compensation (europa.eu)

Languages available: bg es cs de et el en fr hr it hu mt pl pt ro sk sl

Court of Justice of the European Union

PRESS RELEASE No 68/21

Luxembourg, 22 April 2021

Judgment in Case C-826/19 WZ v Austrian Airlines AG

The mere diversion of a flight to a close-by airport does not grant a right to flat-rate compensation

However, the air carrier must, on its own initiative, offer the passenger to bear the cost of transfer either to the destination airport for which the booking was made or, where appropriate, to another close-by destination agreed with the passenger

An Austrian Airlines passenger is seeking from that air carrier flat-rate compensation of €250 for the diversion of his flight between Vienna and Berlin. While the flight was initially supposed to land in Berlin Tegel airport, it finally landed in Berlin Schönefeld airport with a delay of nearly an hour. Austrian Airlines did not offer the passenger any onward transport, nor did it offer to bear the cost of transferring the passenger between those two airports. Whereas Berlin Tegel airport is situated in the Land of Berlin, Berlin Schönefeld airport is situated in the neighbouring Land of Brandenburg. (...)

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