FlyerTalk Forums - View Single Post - Kiwi "Self-transfer" to BKK, Eurowings liable for entire booking
Old Jun 20, 2023 | 11:59 am
  #29  
bender1057
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Join Date: Aug 2007
Location: MXP
Programs: LH, AZ, BA, SN
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1.) The original EU261 text intended to provide the 250/400/600 EUR only in the following two cases: (a) denied boarding, (b) cancellation on short notice.

2.) However, over the years, the ECJ has massively extended the scope of the compensation. One prominent example is its 2009 ruling that "long delays" also qualify for the 250/400/600 EUR.

3.) And for the case at hand, take for example a look at ECJ's ruling C‑436/21:
- "Article 2(h) [...] must be interpreted as meaning that the concept of a ‘connecting flight’ covers a transport operation made up of a number of flights operated by separate operating air carriers which do not have a specific legal relationship, where those flights have been combined by a travel agency which has charged an overall price and issued a single ticket for that operation, with the result that a passenger departing from an airport located in the territory of a Member State who suffers a long delay to the arrival at the destination of the last flight may rely on the right to compensation pursuant to Article 7 of that regulation."

So, which "delta" is larger? (a) the one between EU261 and the ECJ or (b) the one between the ECJ and the German court?

And just to clarify: I did not say I liked the development/outcome..
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