Air carriers [”]unruly passenger[”] compensation exemption

In a recent judgment, the Court of Justice also defined the concept of such extraordinary circumstances, due to which an airline is not required to pay compensation to passengers (in case of cancellation or long flight delay). Unruly passenger behavior falls into that category.

In judgement Transportes Aéreos Portugueses (C-74/19) of 11 June 2020, the court further defined the concept of extraordinary circumstances exempting a carrier from paying compensation to passengers. In the specific case, a passenger bit some of the other passengers during the flight and also attacked the flight crew that attempted to calm him down. As a result, the captain of the plane was forced to divert the flight back to the departure airport to have the unruly passenger and his luggage removed from the aircraft, which resulted in a flight delay.

The passenger’s behavior was qualified by the court under the term of extraordinary circumstance which may exempt the air carrier from paying compensation for cancellation or long delay of the flight in question or the next flight operated by the same carrier with the same aircraft. However, the court also clarified that certain additional conditions must be met. The Court defined extraordinary circumstances as events which occur in particular in the event of compromised safety and which by their nature or cause are not inextricably linked to the normal activities of the air carrier and which it could not have any influence over. Additionally, the court pointed out that an air carrier can not be considered to have de facto control over a passenger’s behavior unless it turns out that the carrier contributed to the behavior or if it could have foreseen and taken appropriate action when it could have been done without consequences for the course of the flight (for example, if an airline has boarded a passenger who had behavioral problems before or during boarding (e.g. an intoxicated passenger) or perhaps even if the passenger has been served with alcoholic beverages).

However, even if the extraordinary circumstances condition is met, the air carrier must immediately, by appropriate measures, ensure passengers are rerouted on other direct or indirect flights (including via other airlines), using all persons and all material and financial resources at its disposal without compromising the capacity of its business.

Author: Tina Marciuš Ravnikar, Associate