Flight passenger rights expanded in the EU « Euro Weekly News

The Court of Justice of the European Union (CJEU) has declared that just a boarding pass is sufficient legal proof of a confirmed airline reservation.

This decision simplifies the claims process for flight delays, cancellations, and overbookings under EU Regulation 261/2004, marking a major win for air travellers.

22-hour delay case changed compensation rules

The ruling stems from a case involving two passengers who faced a 22-hour delay on a Tenerife to Warsaw flight as part of a package tour. When they sought compensation, the airline refused, arguing they lacked proof of a confirmed and paid reservation. According to Travel and Tour World, the airline further claimed that tickets booked through a third-party tour operator at a discount were ineligible for reimbursement.

However, the CJEU rejected this stance, ruling that a boarding pass alone is adequate evidence of a valid booking. The court stated, “the very act of presenting a boarding pass is adequate evidence of confirmed travel” (cited by Travel and Tour World).

Unless an airline can prove extraordinary circumstances – such as severe weather or security risks – it can no longer deny compensation based on the booking method or who paid for the ticket.

Boarding pass equals booking confirmation

The CJEU’s decision affirms that if a passenger presents a boarding pass, their booking is legally confirmed. This makes it easier for travellers to claim compensation as they no longer need to provide booking receipts or payment confirmations when filing a claim.

The EU Regulation 261/2004 entitles passengers to financial compensation for: flight delays exceeding three hours; cancellations without proper notice; denied boarding due to overbooking.

However, in recent news, the European Commission is proposing a revised plan to raise the delay threshold to five hours and introduce new compensation brackets tied to distance and delay time.

FTN News highlighted that “airlines must recognize a boarding pass as additional evidence that a reservation has been accepted and registered, unless extraordinary circumstances prove otherwise.”

A key aspect of the ruling is its impact on third-party bookings. Airlines can no longer reject compensation claims by arguing that discounted or package tour tickets are ineligible. FTN News reports the CJEU states that “travellers who book through third-party providers, such as tour operators, are still entitled to compensation under EU regulations.”

This decision places increased pressure on airlines, already facing operational challenges. Carriers must now adjust internal policies, train staff, and update compensation protocols to comply with the ruling. Legal analysts warn that the aviation sector may see a surge in claims, forcing airlines to reassess cost structures.

The ruling is expected to benefit legal tech companies like AirHelp and Flightright, which assist travellers in filing claims. With fewer obstacles in the compensation process, more passengers are likely to pursue payouts for delays and cancellations.

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