In the decision delivered on Wednesday 4 July in Case C-532/17, the European Court of Justice held that in the event of long flight delay, the air company which must pay the compensation owed to passengers is not the air company which leased the aircraft and its crew, but the air company which decided to perform the flight.
Several passengers reserved a flight from Hamburg (Germany) to Cancún (Mexico) with the air company TUIfly, which hired the aircraft and crew of Thomson Airways. The booking confirmation stated that the bookings were issued by TUIFly, but that the flight was ‘operated’ by Thomson Airways.
Since the flight was significantly delayed, the passengers claimed compensation from Thomson Airways under Regulation 261/2004 on Air Passenger Rights. Thomson Airways considered, however, that TUIFly bore the operational responsibility for the performance of the flight and was liable for the claim for compensation from the passengers.
The Regional Court in Hamburg was asked to examine the case and requested a preliminary ruling from the ECJ to shed light on this question.
The Court holds, first of all, that an air company which decides to perform a particular flight, must be regarded as the operating air carrier and must in this connection bear the responsibility for performing the flight, including any possible delayed time of arrival. Accordingly, an air company that leases an aircraft, including its crew cannot be regarded as the operating air carrier for the purposes of regulation 261/2004. (Original version in French by Lucas Tripoteau)