The European Courts of Justice (ECJ) has issued a judgement on the definition of flight arrival time that will have a significant effect on flight delay compensation.
The ruling states that ‘the actual arrival time of a flight corresponds to the time at which at least one of the doors of the aircraft is opened’.
Adeline Noorderhaven, Manager EUclaim UK, said: The decision will have a considerable effect on airlines. On average the time from landing, to taxing to the gate, to parking, through to when the aircraft door is opened can be anything from 20 minutes upwards. Every airport is different and these times therefore can vary dramatically. With arrival time now set at when the doors open, these additional minutes will make a dramatic difference to journey time and could see airlines having to pay out hefty compensation to passengers for delayed flights.”
The arrival time options discussed by the ECJ were the time that the aircraft lands on the runway (‘touchdown’); the time that the aircraft reaches its parking position and the parking brakes are engaged or the chocks have been applied (‘in-block time’); the time that the aircraft door is opened; or a time defined by the parties in the context of party autonomy.
New EU ruling on the definition of a flight delay to affect compensation claims
