FlyerTalk Forums - View Single Post - Best Practices for Filing EU 261 Claims Against United? {Archive}
Old Dec 11, 2018, 9:06 am
  #465  
threeoh
 
Join Date: Sep 2014
Posts: 2,531
Originally Posted by Germanfflyer
100% after 3 hours - the differnce between delay and cancellation was thown out a long time ago....
It is 3 hours anything =100% !
I am not sure but I think it was the AF case that made that clear....
Air France case is the same as Sturgeon case (they were combined and there is a single judgment). Here is a direct quote from the court ruling:

63. It is important to point out that the compensation payable to a passenger under Article 7(1) of Regulation No 261/2004 may be reduced by 50% if the conditions laid down in Article 7(2) of the regulation are met. Even though the latter provision refers only to the case of re-routing of passengers, the Court finds that the reduction in the compensation provided for is dependent solely on the delay to which passengers are subject, so that nothing precludes the application mutatis mutandis of that provision to compensation paid to passengers whose flights are delayed. It follows that the compensation payable to a passenger whose flight is delayed, who reaches his final destination three hours or more after the arrival time originally scheduled, may be reduced by 50%, in accordance with Article 7(2)(c) of Regulation No 261/2004, where the delay is – in the case of a flight not falling under points (a) or (b) of Article 7(2) – less than four hours.
https://eur-lex.europa.eu/legal-cont...EX:62007CJ0402

Maybe there is another case that came later, but I haven't been able to find it.
threeoh is offline