If a flight is brought forward by more than an hour, it is considered to be canceled. A forwarding by the airline could lead to serious inconvenience for the passengers. That was decided by the European Court of Justice (ECJ) yesterday, Tuesday, in Luxembourg. If the aircraft takes off earlier than agreed, the passengers are therefore entitled to the compensation payment provided for in the Passenger Rights Ordinance. In the event of a cancellation or delay, passengers are entitled to 250, 400 or 600 euros. The amount depends on the flight distance.
The ECJ interprets the regulation generously: A passenger can even have claims against the airline if the tourism company commissioned by him has not booked the flight at all. As soon as a tour operator has issued the passenger with a receipt for the flight, this is considered a confirmed booking. According to the ECJ, passengers cannot be expected to obtain information about the relationship between the travel company and the airline. The airline could, however, make recourse claims against the tour operator.
The reason for the decision was several legal disputes between passengers and the companies Airhelp and flightright on the one hand and the airlines AUA, Laudamotion, Azurair, Corendon Airlines and Eurowings on the other. The Düsseldorf Regional Court and the Korneuburg Regional Court have submitted the questions to the ECJ for clarification: You must now decide on the lawsuits in the specific cases.
Source: Nachrichten
