(CN) - Airlines can't get away with last-minute schedule changes to dodge paying for delays, after Europe's top court ruled Thursday that passengers still deserve compensation.
The Court of Justice of the European Union backed German passenger-rights firm Myflyright in its fight with Turkish airline Corendon, rejecting the idea that airlines can reset the clock by sending out new flight times before takeoff.
As the judges put it, "the duration of the delay in arrival suffered by those passengers must be determined on the basis of the originally scheduled arrival time."
Under EU law, travelers delayed three hours or more on short-haul flights can claim 250 euros (about $290), those on medium-haul 400 euros (about $464) and long-haul 600 euros (about $695), unless the carrier proves extraordinary circumstances.
Benjamyn I. Scott, assistant professor at Leiden University's Institute of Air and Space Law, said the judgment fits neatly into a line of past EU cases on passenger delays and compensation.
"The court has been consistent that a delay is measured by comparing the scheduled and actual arrival times - and that 'arrival' means the moment one of the aircraft doors opens so passengers can get off," he said. Those earlier rulings, he noted, are what established the three-hour rule that entitles travelers to compensation when they reach their destination much later than planned.
The day before takeoff, they got an email saying the flight had been pushed back by an hour, but on the day of travel the delay stretched much longer, with the plane leaving midafternoon and landing early evening, more than three hours after the original schedule.
Myflyright took the airline to court on behalf of the passengers, seeking 400 euros (about $464) each under EU rules that compensate travelers for long delays and cancellations.
A lower German court sided with them, saying the change was a simple delay, not a new flight. Corendon appealed, arguing that the delay should be counted from the new schedule it sent out the day before, not the original ticket.
Because the question hinged on how to interpret EU passenger-rights law, the German appeals court asked the EU's top court in Luxembourg to weigh in.
The judges pushed back against Corendon, warning that the law's purpose - to ensure "a high level of protection for passengers affected by the cancellation or a long delay of their flight" - would mean nothing if airlines could quietly change flight times and claim there was no delay.
Under the ruling, passengers still qualify for compensation when their flight lands three hours late or more, even if they were warned ahead of time. Regulators in Brussels backed that stance, noting that without it, airlines could slip out of paying by sending updated schedules moments before boarding.
Marta Koacz, assistant professor of private law at Maastricht University, said the ruling could have real-world effects on how airlines plan and communicate their schedules. "It would enhance transparency around how arrival times are interpreted in relation to operational planning and airline strategies," she said, adding that by sticking to the original arrival time, "the court reduces incentives for airlines to manipulate timetables to avoid paying compensation."
Delphine Defossez, assistant professor at Northumbria University School of Law, agreed the decision bolsters passenger protections, saying it "closes the loophole that an airline might exploit by not officially labelling the schedule change as a cancellation but as a postponement."
Still, she cautioned that the outcome might not be entirely straightforward for travelers. While the ruling reinforces the pro-passenger spirit of EU law, "it could also lead to confusion for passengers as they would no longer know which time to refer to," she said, noting that the timing is tricky as lawmakers work on updating the bloc's air travel rules.
In a statement to Courthouse News, Djavad Ali, managing director and co-founder of Myflyright, called the ruling "clear guidance for passengers and airlines alike," saying it confirms that delays must still be measured against the original arrival time. He said the decision strengthens uniform passenger protections and urged airlines "to handle rebookings transparently and settle valid claims promptly."
Corendon Airlines did not immediately respond to requests for comment.
The case now heads back to the regional court in Landshut, where judges will decide how much the passengers are owed - and turn the Luxembourg court ruling into a concrete payout.
Courthouse News reporter Eunseo Hong is based in the Netherlands.
Source: Courthouse News Service
