CJEU clarifies remdies for downgrading in air travel

Michael Wukoschitz's picture

In a recently published judgement, the European Court of Justice has clarfied the rules applying to downgrading of air passagners according to Reg. (EC) No 261/2004. The court held that where a passenger is downgraded on a flight, the price to be taken into account in determining the reimbursement for the passenger affected is the price of the flight on which he was downgraded unless that price is not indicated on the ticket entitling him to transport on that flight, in which case it must be based on the part of the price of the ticket corresponding to the quotient resulting from the distance of that flight and the total distance which the passenger is entitled to travel.

The reimbursement solely relates to the price of the flight itself, thus excluding taxes and charges indicated on the ticket, as long as neither the requirement to pay those taxes and charges nor their amount depends on the class for which that ticket has been purchased.

Source: CJEU judgement of June 22, 2016 in case C-255/15 - Mennens v. Emirates

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