EU court ruling exempts airlines from compensation over staff shortages
The Court of Justice of the EU has ruled that an insufficient number of airport staff responsible for baggage loading can exempt airlines from the obligation to pay compensation for flight delays. This lack of personnel can be considered an "extraordinary circumstance".
The judgment concerns a dispute over compensation for a nearly four-hour delay in a 2021 flight from Germany to the Greek island of Kos operated by the carrier TAS. The airline explained that the lack of sufficient staff at the airport responsible for baggage loading caused the delay.
here's when the carrier may not pay compensation
Some of the delayed flight passengers turned to the legal service Flightright, which deals with obtaining compensation from airlines. This company filed cases on behalf of its clients to German courts, arguing that the insufficient number of airport operator staff should not be considered an "extraordinary circumstance" that exempts airlines from the obligation to pay compensation. The German court referred a preliminary ruling question to the CJEU.
Judges in Luxembourg ruled that, under EU law, the lack of staff can be considered an "extraordinary circumstance." This refers to unusual situations during the carrier's regular operation that remain beyond control.
However, the CJEU emphasized that it is up to the German court to examine whether these conditions were met in this case. It also added that even if they are met, the carrier must prove that the situation could not have been avoided even if actions had been taken. Furthermore, it must demonstrate that once the problem occurred, steps were taken to prevent the delay.
The final judgment in the case will be issued by the German court.
