Compensation for flight delays: commentary on Cass. civ., Section III, Ord. no. 6446/2024
The judgment of the Court of Cassation no. 6446 of 2024 represents an important step forward in protecting the rights of air passengers in case of delays. In this order, the Court examined the case of a passenger who, due to a delay of almost six hours, requested compensation according to Regulation EC no. 261/2004. The Court confirmed that the right to compensation is not conditional on the passenger's physical presence at the airport during the delay, but on the mere existence of the delay itself.
The case examined by the Court
A.A. sued the airline Neos Spa to claim compensation of 600 euros, arguing that the flight delay caused inconvenience. The airline contested the right to compensation, stating that A.A. had been notified of the flight rescheduling and therefore had not suffered any real inconvenience. However, the Justice of the Peace rejected the claim, while the Court of Busto Arsizio, on appeal, upheld A.A.'s request.
The right to monetary compensation for the passenger of a delayed flight arises not from the inconvenience of nerve-wracking waiting at the airport, but from the ipso facto occurrence of a delay exceeding three hours.
Legal principles affirmed by the Court
In its decision, the Court of Cassation reiterated some fundamental principles:
- The right to compensation is automatic in case of a delay exceeding three hours, as provided for by Article 3 of Regulation EC no. 261/2004.
- It is not necessary for the passenger to prove that they have suffered individual damage; the mere fact of the delay is sufficient.
- Advance notification by the airline cannot justify the passenger's obligation to go to the airport at the originally scheduled time.
Conclusions
The Cassation ruling offers significant protection to passengers' rights, clarifying that compensation should not be subject to inconvenience experienced at the airport, but should be automatically guaranteed in the presence of a significant delay. This jurisprudential trend marks an important step towards greater responsibility of airlines and more effective consumer protection in the air transport sector.
