EU court, no airfare refund if you don’t show up for boarding

Brussels – There is no right to lump-sum compensation in the case of failure to show up for boarding a flight that arrived with an extended delay, nor when the purchase of a ticket on an alternative flight made it possible to arrive at one’s destination less than three hours late. The Court of Justice of the EU is back on air transport and passenger rights, adding another piece of case law in matter.

As a point of law, the Luxembourg courts recall that the air passenger rights regulation aims to remedy the difficulties and “serious inconveniences” suffered by passengers in connection with a flight. However, such inconveniences, possibly resulting from the fact that a passenger had to find an alternative flight on their own, cannot be considered “serious” and therefore reimbursement is not triggered.

As for the case of missed boarding, the Court starts from a preliminary consideration. The right it recognizes to refund for a delay of at least three hours is linked to the fact that it “takes the form of an irreversible loss of time.” For the Court of Justice of the EU, a passenger who did not go to the airport did not, in all likelihood, suffer such a loss of time. For this reason, reimbursement by the airline is not triggered.