Brussels, 26/02/2013 (Agence Europe) - The passengers on connecting flights that are delayed may be compensated if the total delay is over three hours. The Court of Justice of the European Union (CJEU) came to this decision on 26 February (Case C-11/11), in the Folkerts case.
Mrs Folkerts had reserved a flight with several connecting flights to go to Bremen, Germany, and then on to Asuncion in Paraguay. The first flight by Air France from Bremen to Paris was 2 hours and 30 minutes late. Folkerts consequently missed her connection between Paris and San Paolo, and then from San Paulo to Asuncion. She finally arrived in Asuncion 11 hours behind schedule.
Case law provides that, for any delay over three hours, passengers are entitled to compensation of between €250 and €600. The Court states in this case that, in connecting flights, “a passenger on directly connecting flights must be compensated when he has been delayed at departure for a period below the limits specified in the regulation, but has arrived at his final destination at least three hours later than the scheduled arrival time. That compensation is not conditional upon there having been a delay at departure”. (MD/transl.jl)