[:uk]Judgment of the Court (Eighth Chamber) of 17 October 2024.E EAD v DW.Reference for a preliminary ruling – Air transport – Package tour – Regulation (EC) No 261/2004 – Article 3(6) – Directive (EU) 2015/2302 – Article 14(5) – Cumulative application – Limitations – Regulation No 261/2004 – Article 3(2) – Article 4(3) – Compensation for passengers in the event of denied boarding – Passengers informed in advance of denied boarding – Incorrect information – Tour operator transferring passengers to another flight – Flight nonetheless carried out by the operating air carrier as originally planned – Operating air carrier’s obligation to provide compensation – Article 13 – Possibility of seeking reimbursement from the tour operator.Case C-650/23.[:]

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Court Judgment on Compensation Rights for Air Passengers in Package Tours

Overview

The Court of Justice addressed key provisions of Regulation (EC) No 261/2004 in the context of package tours, specifically focusing on pre-emptive denied boarding and passengers’ rights to compensation. The judgment clarifies the obligations of operating air carriers when tour operators alter flight reservations.

Key Provisions Analyzed

• Regulation (EC) No 261/2004
  • Article 2(j): Defines “denied boarding” as refusal to carry passengers who have presented themselves for boarding, barring reasonable grounds.
  • Article 4(3): Mandates compensation to passengers if boarding is denied against their will.
  • Article 7(1): Specifies compensation amounts based on flight distance.
• Directive (EU) 2015/2302
  • Article 14(5): Ensures that rights under this directive do not negate passengers’ rights under Regulation No 261/2004.

Court’s Interpretation and Rulings

Pre-emptive Denied Boarding

The court concluded that pre-emptive denied boarding, where passengers are informed in advance by a tour operator about changes to their flight reservations, falls within the scope of “denied boarding” under Article 2(j) of Regulation No 261/2004. This holds true even if the actual flight is subsequently operated as originally planned.

Responsibility of Operating Air Carriers

The judgment reinforces that operating air carriers are liable for compensation under Article 7(1) when a tour operator alters a passenger’s reservation without prior consultation with the carrier. Incorrect information provided by tour operators regarding flight changes is deemed attributable to the air carrier, obligating them to compensate affected passengers.

Interplay Between Regulation and Directive

Under Article 14(5) of Directive (EU) 2015/2302, passengers are entitled to claims under both the directive and Regulation No 261/2004. However, compensations under these frameworks must be adjusted to prevent overcompensation.

Implications for Passengers and Providers

Passengers booking package tours can rely on Regulation No 261/2004 for compensation in cases of denied boarding, even when changes are initiated by tour operators. Operating air carriers must ensure accurate communication regarding flight reservations and compensate passengers when discrepancies arise due to tour operator actions.

Conclusion

The Court’s judgment underscores the protection offered to air passengers under EU law, ensuring that operating carriers remain accountable for maintaining accurate flight information and adhering to compensation regulations, thereby enhancing consumer rights within the air transport sector.[:]