New European Court of Justice ruling increases airline passenger rights
Boarding pass no longer needed to claim compensation
Did you experience a flight disruption the last three years, but never filed a claim because you no longer had your boarding pass? If the answer is yes, it is time for you to check your eligibility again.
In a new ruling, The European Court of Justice confirmed that boarding passes should not be needed to file a claim. The decision means that it now will be much easier to file a claim for compensation after a flight disruption. The decision reverses a previous controversial decision from the French Supreme Court and is legally binding for all member nations. This new ruling adds new protections for U.S. travelers who are protected under EC 261 when flying to the EU on an EU airline, or when flying out of the EU.
After the decision from the French Court of Cassation on February 14, 2018, passengers who suffered from flight disruptions had to provide their boarding passes to receive compensation in France in order to prove they were present at the airport on the day of departure. The strategy was very effective and helped airlines to avoid the payment of compensation.
The recent verdict sends a clear signal that airlines should not be allowed to request unnecessary documents from passengers when filing a claim. A boarding pass only confirms information that any airline already has in their system, so it is clear the boarding pass demand aimed to make the claim process more complicated so airlines could try to avoid responsibility.
Air travel experts and airline passenger rights advocates always believed that the demand for supplying boarding passes is unfair and having an E-ticket should be enough. This decision will have a significant impact on air passenger rights, as it is now crystal clear that passengers do not need to provide a boarding pass, This is great news for travelers. Typically most passengers will not save boarding passes, so in the past a lot of people have been denied their compensation due to this unfair airline tactic. On average, 9 million passengers are entitled to flight delay compensation every year. Experts advise all passengers that have not filed a claim due to a lack of their boarding pass to revisit their website and check their eligibility again.
The decision from the European Court of Justice are binding for all courts in the EU, and apply to everybody in the same way. All affected passengers advised to check whether their flight problem entitles them to financial compensation, on top of any rerouting or refund of the ticket offered.