Sturgeon 5: The Final Decision - Another Victory for Passengers

--------------------------------------------------------------------------------------

The Air Passenger App

Everything you always wanted to know about Air Passenger Rights

but the airlines and the European Commission are afraid to tell you

--------------------------------------------------------------------------------------

Today, the European Court of Justice ruled that air passengers have a right to compensation in case of a long delay, unless the delay is caused by extraordinary circumstances (see full text of the judgment). Is this news? No. The Court said the same in its Sturgeon decision back in 2009. However, airlines had since obstructed this ruling both in the national courts and before the European Court. With unconvincing arguments they tried to make the European Court quash its own decision. Clearly, this was not going to work and indeed, it did not work. Today, the European Court once again confirmed its strong stance on protecting air passenger rights.

The decision is exactly the one I expected (as I wrote in 2010). The airlines must have known that they were going to lose the battle against Sturgeon. At least they should have known if they have been properly advised by their lawyers. It is therefore disappointing that national courts in the UK, the Netherlands and Germany felt convinced by the airlines’ flimsy arguments and decided to ask the European Court preliminary questions. This legal procession to Luxembourg has resulted in a three year delay in the proper enforcement of the airlines' obligation to pay air passengers compensation in case of a long delay. This was, of course, exactly what the airlines were aiming to achieve: causing a long delay in complying with European rules.

What will happen next? First, if national courts have stayed proceedings, these will be resumed in due course. Second, if the only dispute in a legal procedure is the validity of ‘Sturgeon’, airlines should behave like ladies and gentlemen and settle the passenger’s claim including interests and costs without further delay and ado. Third, in a normal world one would expect the airlines from now on to fully comply with the European Court’s ruling and pay air passengers compensation in case of a long delay.

The problem is, however, that the past years have shown that the world of airlines is not a normal world and that complying with the law does not seem to have a high priority in many airlines' board rooms. This is a matter of great concern, not only for passengers but also for the European Commission. Every day, the European rules on air passenger rights are obstructed and frustrated by airlines using their power and money to put off passengers.

My expectation for the near future is that some airlines will have enough of this and start developing business models that respect passengers and their rights in a proper and fair way. So much so that we will be able to distinguish between the good, the bad and the ugly airlines.

--------------------------------------------------------------------------------

Everything you always wanted to know about Air Passenger Rights

but the airlines and the European Commission are afraid to tell you

 The Air Passenger Rights App

--------------------------------------------------------------------------------