EU air passenger law has been enriched with a new TEU judgment. According to him, in the case of a combined flight, the obligation to pay compensation to passengers lies solely with the air carrier operating the flight.
Judgment in the case C-502/18, of 11 July 2019, refers to a combined flight from Prague (Czech Republic) to Bangkok (Thailand) through Abu Dhabi (United Arab Emirates), with first the flight was carried out by České aerolina, second and the non-Union carrier Etihad Airways. Passengers made a combined flight reservation with the Czech carrier, who, by virtue of the Court's judgment, is responsible for the delay or any other irregularity made by second carrier.
Flights to the destination and return flights are always treated as two separate flights, even if booked within the framework one booking
Under Regulation (EC) No 261/2004 of the European Parliament and of the Council 11 February 2004 establishing common rules for compensation and assistance to passengers in the event of denied boarding or cancellation or long delay of flights, flight from one or several of the routes covered one reservation one all for the purposes of the right of passengers to compensation provided for in that Regulation.
Passengers whose flight to Abu Dhabi has been significantly delayed are therefore expected to claim from České aerolina, who sold the combined flight. Under the joint service agreement, the operating carrier has the right to address the latter carrier in order to compensate for this financial burden.
The Passenger Compensation Regulation for denied boarding, cancellation or long delay of flights shall fix the amounts which passengers may apply for in compensation proceedings for 250 EUR on flights up to 1,500 km, and 400 EUR for flights longer than 1,500 km.
Flights to the destination and return flights are always treated as two separate flights, even if booked within the framework one booking.
The airline's rights can be found at: https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_pl.htm
Author: Katarzyna Kołbuś - Editor leading RB Magazine. From Over 10 years related to the industry press, including the Financial Gazette and the ipip.com.pl portal, which is devoted to finance, taxation, law, politics and the economy. She graduated from Polish philology at the UMCS and the linguistic text editing at the University of Warsaw