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Compensation now also for connecting flights?

In its judgement of October 6, 2022, with the file number C-436/21 the European Court of Justice now also grants compensation to those affected if an airline delays a connecting flight booked by the passengers. The underlying situation is one in which a traveller wanted to fly from Stuttgart to Kansas City. Three individual flights were booked, so that the passenger had to change flights twice. An electronic ticket was disclosed to the traveller as a result of the booking. To be mentioned at this point is that the ticket only shows American Airlines as the operating air carrier. Thereby, the first flight was to be performed by Swiss International Air Lines. Furthermore, the person received a single booking number and an invoice, which showed the total price for the outbound and return flight. The passenger`s outbound trip ended with a delay of 4 hours because the third flight was delayed so much. As a result, he has made use of a legal tech company that legally enforces claims by and for travellers. The provider then filed suit against American Airlines in the amount of 600 euros to compensate for the delay, but not only the competent local and regional court did not know how to decide. Even the Federal Supreme Court had to question the European Court of Justice how the compensation and support services in terms of the Air Passengers Rights Regulation (VO (EG) Nr. 261/2004) are interpreted. The focus was now mainly on the “direct connecting flights”. The European Court of Justice has ruled that this includes transportation even though it consists in several partial flights, provided that it begins in a Member State of the European Union. It is irrelevant that the airlines are different and legally independent of each other. This would be the only acceptable solution, as any other outcome would run counter to the level of protection required by the Passenger Rights Regulation in recital 1. However, the prerequisites for this are that the travel company has made the flights the subject of a single booking, a total price has been charged and a single ticket has been issued. In that case, these are “direct connecting flights” that can give rise to compensation for delays.