Réclamer votre indemnisation
The recent case of Rusu & Anor v SC Blue Air (Case C-354/18) confirmed that there are no barriers under EU261/2004 to claim for missed days at work .
The applicants booked tickets from SC Blue Air departing 6 September 2016 from Romania to London, where the they worked. On arrival at the airport they were informed that they had been bumped from their flight as a result of the airline downsizing the plane and no longer having capacity to seat them. The applicants were rebooked 5 whole days later, to depart 11 September.
Rejecting an offer for free tickets to use within 6 months, the Applicants instead demanded monetary damages - including a combined 823 euros, being the the total of deducted wages for 5 days of missed work.
Blue Air rejected the claim in excess of 400 euros each, arguing that they were only entitled to the fixed compensation provided for by the European Regulation 261/2004.
On appeal by both parties, the matter was referred to the European Court of Justice (ECJ) on the question of whether:
The ECJ held that the winner can be the worker:
Therefore, there is nothing in the text of the EU261/2004 which prohibits a passenger from claiming additional compensation such as lost wages, by way of means afforded by Article 12.
This EJC ruling clarifies the characterisation of the EU261/2004 fixed compensation regime, in that the statutory damage is stand-alone and that nothing in the text prohibits an affected passenger’s entitlement to seek additional and other types of damages specific to their loss.
The decision provides clarity for passengers to claim consequential losses like lost accommodation and car bookings, provided the national laws in which they seek recompense allows for it.
If your claim for additional losses has been rejected by an airline, contact us to see if we can assist further.
9 August 2019
Si vous avez subi un problème lors d'un voyage au cours des cinq dernières années, il se peut qu'on vous doive de l'argent. Donnez-nous les détails de votre voyage et vous découvrirez instantanément combien vous pouvez obtenir.