THE OBLIGATIONS OF AIRLINES

Under the 2004 regulation, airlines must pay compensation to passengers whose flight has been cancelled or delayed or to whom they have wrongfully denied boarding. The regulation provides for flat-rate compensation of  between  250  and 600 euros, depending on the distance of the scheduled flight. Furthermore, airlines are under obligations to provide assistance (inter alia, reimbursement of the cost of the ticket or re-routing to the final destination) and to meet certain expenses (meal, accommodation and telecommunications costs). The Court has on several occasions had the opportunity to clarify these obligations.

In 2011, the Court ruled that, in the event that the flat-rate compensation provided for by the 2004 regulation does not fully cover the material and non-material damage suffered by passengers, the latter are entitled to claim the difference from the airline within the limits set by international and national law. The Court has thus declared that passengers should be able to receive full compensation for the damage they have suffered, subject to the aforementioned limits    (judgment of 13 October 2011, Sousa Rodríguez and Others, C-83/10).

Should an airline fail to meet its obligations to provide assistance and take care of expenses, passengers can claim reimbursement of the sums that prove necessary, appropriate and reasonable to make up for the shortcomings of the airline. The Court has also indicated that, while the existence of extraordinary circumstances relieves airlines of their obligation to pay compensation, it does not relieve them of their obligation to provide assistance and care  (judgment of 31 January 2013, McDonagh, C-12/11).