Compensation for airline passengers

11.2.2015

Question for written answer E-002186-15
to the Commission
Rule 130
Christel Schaldemose (S&D)

The airline Primera Air is contesting a number of judgments against it in Denmark concerning compensation for delays. The airline has been given leave to appeal to the Danish Supreme Court against some of the judgments, which have already been tested in two lower courts.

The fact that Primera Air has been given leave to appeal to the Supreme Court has led the Copenhagen District Court to rule that all cases concerning compensation for airline delays resulting from technical problems (which account for some 80% of all delays) are to be put on hold pending the decision of the Supreme Court (which is currently taking 20 months to process cases).

In reality this means that all airlines will exploit the Copenhagen District Court’s ruling and will therefore probably request adjournment of the many cases they each have pending against them concerning compensation for flight delays. In turn this probably means that out-of-court compensation currently being paid will also cease, as no appeals can be brought for the time being.

1. Is Denmark applying Regulation (EC) No 261/2004 correctly in putting all cases concerning compensation for flight delays on standby, even where the causes of the delays are not 100% identical?

2. Is it within the meaning of the regulation for airlines to cease payment of compensation because they are awaiting a court ruling?

3. Is it reasonable to simply put cases on standby pending the Supreme Court’s judgment if the cases are not 100% identical?