Decision

In rendering its judgment, it considered the following elements:

• EU Regulation 261/2004 provides that passengers are entitled to compensation when their flight is cancelled unless they are informed at least two weeks in advance.
• The burden of proof that such information was provided to the passenger lies on the operating carrier.
• The context and objective of the provisions of EU Regulation 261/2004 need to be taken into account.
• Surinam Airways was unable to demonstrate that Mr Krijgsman was informed of the cancellation more than two weeks prior to scheduled departure time, Surinam Airways is liable to pay compensation to the passenger.

The court concluded that, contrary to what Surinam Airways has argued, the above interpretation not only applies when the contract for carriage was entered into with the carrier directly, but also when this is done via a third party such as a travel agency.

Only the operating carrier is liable to compensate passengers if it fails to fulfil its obligations under the Regulation. This includes those obligations relating to notification in case of cancellation. This is without prejudice to the carrier’s right to seek reimbursement from the travel agent under applicable national law.