Taxi costs after rerouting to different airport

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The Rodríguez case I mentioned in my previous post raised more questions. The case was about an Air France flight from Paris to Vigo that took off as planned, but returned to Charles de Gaulle airport a short time later due to a technical problem. The following morning the Rodríguez family was re-routed on a flight to Oporto. From Oporto they took a cab to Vigo (150km/90 miles) at a cost of € 170. They asked Air France to reimburse these costs but the airline refused.

In case of cancellation, the airline can offer the passenger a rerouting to an airport in the same region (Article 8(3) Regulation 261/2004). One may doubt whether Vigo and Oporto are in the same region but the Rodríguez family did not complain as this was the quickest way for them to get home. Also because the airline had to pay for the transport costs to the original airport or to a close-by destination agreed with the passenger (Air Passenger Rights, p. 31).

So why did Air France refuse to pay? Well, airlines may not be very creative if it comes to serving passengers but they are bloody good at finding ways to duck their obligations. The airline said that Article 12 of Regulation 261/2004 allowed them to deduct the € 170 from the compensation that was asked for the cancellation of the flight (€ 250).

In her Opinion, Advocate General Sharpston calls this argument ‘nonsensical’. She makes clear that compensation for the taxi fare comes on top of the compensation for the cancellation of the flight. There is no doubt the European Court will follow this advice.

Opinion Advocate General Sharpston

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