Air transport: a change in the flight schedule does not automatically entitle you to compensation

In a judgment of 21 December 2021, the European Court of Justice ruled on the question of the potential compensation of a passenger whose flight schedule had been modified only a few days before departure.

In the case before the court, the airline informed its passengers, nine days prior to the planned departure of the flight, that the schedule has been adapted and that take-off had been postponed by 2 hours and 50 minutes.  

The discontented passengers brought an action against the airline. They considered that this significant schedule change was similar to a flight cancellation and claimed payment of the compensation provided for by EU Regulation Nr. 261/2004 of 11 February 2004 regulating cancellations, long delays and denied boarding.

In its decision, the Court of Justice considered that a flight was not canceled when the operating air carrier postpones the departure time by less than three hours without making any other modification to this flight.

The claim for compensation has been consequently dismissed.

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