In its ruling of Thursday 6 March in case C-20/24, the Court of Justice of the EU confirmed that a boarding pass for a flight constitutes sufficient proof of a reservation made on a flight, even if the reservation was made through a platform other than the organiser of the flight.
The case, originally investigated in Poland, involved two travellers who paid for a flight from Tenerife to Warsaw as part of a package tour. The travel contract was concluded with a third-party company, acting on behalf of the passengers.
As the flight was 22 hours late, the passengers requested compensation, which was refused by the airline on the grounds that copies of boarding passes were not sufficient proof of a confirmed reservation.
The carrier also argued that the passengers had travelled free of charge or at a reduced fare, which would exclude their right to compensation.
According to the Court, which was asked to rule by the Polish judge, “a boarding pass may constitute other proof that the reservation has been accepted and registered by the air carrier or tour operator for the flight concerned”. Payment of the price of the trip, “including a flight, does not exclude the right to compensation in the event of long delay of a flight”.
In addition, the Court indicated that it is for the air carrier to demonstrate that a passenger has travelled free of charge or at such a reduced fare not available to the public.
To see the press release: https://aeur.eu/f/fsp
To see the judgment: https://aeur.eu/f/fso (Original version in French by Isalia Stieffatre)