The EU Court of Justice has ruled that the same rules apply as for a “canceled flight”
Travel, synonymous with holidays, relaxation but often also with anxieties and fears. The nightmare of unexpected events at the airport, for possible flight delays or cancellations. In that unfortunate case, the EU rules provide for refunds and compensation, but it can even happen that the flight is brought forward, and in that case, if the take-off is scheduled more than an hour earlier than expected, the case must be treated as a “delay”. That’s right. The Court of Justice of the EU has ruled that a ‘canceled flight’ should also be understood as any flight that is more than one hour earlier.
It is not often that take-offs take place earlier than expected when booking the trip and paying for the ticket. The Luxembourg judges themselves, in the documents accompanying the decision, acknowledge that in the case brought to the attention of the EU Court “unpublished legal questions are raised”. The conclusions reached by the togates of the Grand Duchy is that the anticipation of departure “must be considered significant as it can cause serious inconvenience to passengers, as well as a delay”, especially if those who have to leave receive information messages inviting them to present themselves. at the airport at least two hours in advance to carry out the necessary checks and protocols.
According to the Luxembourg judges, early take-off makes passengers lose the possibility of freely disposing of their time and of organizing their travel or stay according to their expectations. In short, in the infrequent but still possible case of early departures, the same regime applies as for delays and cancellations. The operating air carrier must always pay the full amount (therefore, depending on the distance, 250 euros, 400 euros, or 600 euros).
A clarification of law that writes a new chapter in consumer protection and protection. However, the Court specifies that, like delays, there are time thresholds that trigger the right to reimbursement. In the specific case, the Court finds on the basis of the current rules no compensation can be requested for early take-offs of up to 60 minutes, but only with re-scheduled departures for take-offs longer than 60 minutes earlier than expected. “The anticipation greater than or equal to one hour is the reference for establishing whether the anticipation is significant or negligible”, this is the principle of law enshrined in the EU Court.
In the particular nature of the sentence and of the case being decided, it becomes clear. Advice to travelers: it is better to stay at the airport three hours before departure, in the case of airlines that find themselves “in a hurry”.
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