A repatriation flight organised in the context of consular assistance does not constitute a re-routed flight that the operating air carrier must offer to passengers whose flight has been cancelled, ruled the Court of Justice of the European Union in a judgment handed down on Thursday 8 June (case C-49/22).
A couple are asking Austrian Airlines to reimburse them for the cost of a repatriation flight organised by the Austrian government to bring back tourists stranded in Mauritius after their return flight to Vienna was cancelled due to the Covid-19 pandemic.
The Court of Justice, which had the case referred to it by the Korneuburg Regional Court, emphasised that only commercial flights may be involved in the implementation of “re-routing, under comparable transport conditions, to [the] final destination”, to which passengers are entitled if their flight is cancelled, in accordance with Regulation (EC) No 261/2004 on the rights of air passengers.
However, in its view, a repatriation flight organised as consular assistance is not commercial in nature insofar as the conditions of the flight (boarding conditions, on-board services) may differ from those of a commercial flight. Above all, adds the ruling, airlines are not authorised to grant passengers a right to be carried on a repatriation flight.
The judge concluded that a passenger who registers himself or herself on a repatriation flight following the cancellation of his or her return flight is not entitled to reimbursement of those costs at the expense of the air carrier that was to operate the previously planned flight. However, such a passenger may invoke before a national court the failure of the operating air carrier to comply with its obligation to refund the ticket for the part of the journey not made or which has become unnecessary in relation to the original travel plan, as well as the duty of assistance, including the duty to inform, in the event of cancellation of a flight, incumbent on all airlines.
To view the judgment, go to https://aeur.eu/f/7dv (Original version in French by Mathieu Bion)