In its so called “Sturgeon” judgement (joined cases C-402/07 and C-432/07) the CJEU had extended the air carriers’ obligation to pay compensation to passengers who reached their final destination only 3 hrs or more after the scheduled arrival time even if their flight wasn’t cancelled but only delayed. Upon reference for preliminary ruling filed by a German Regional Court (LG Köln), the Court has now decided that there is no contradiction between the “Sturgeon” judgement and the principle of separation of powers. The court argued that its interpretation of Regulation 261/2004 as in “Sturgeon” was based on an analysis of the context of the provisions concerned and their purpose and had taken into regard the principle of equal treatment. The interpretation had been confirmed in two other judgements (joined cases C-581/10 and C-629/10; case C-11/11) and the court had only acted within its power to interpret Union Law under the preliminary ruling procedure.Court ruling of April 18, 2013 in case C-413/11 – “German Wings” available in German and French here>>.
