Guiding Principle: Airlines must compensate passengers for denied boarding, even if notified in advance, regardless of whether passengers appear at the gate.
Case Text:
CJEU, Judgment of 26 October 2023 – C-238/22
The Court of Justice of the European Union recently issued a significant ruling on passengers’ rights concerning denied boarding and flight cancellations. The case addressed two key questions: First, whether airlines must pay compensation when they notify passengers of denied boarding in advance, even if the passengers do not appear at the gate. The Court ruled that airlines are obligated to pay compensation in such cases. Second, it clarified that the rule excluding compensation for cancellations, when passengers are informed at least two weeks in advance, does not apply to denied boarding. This decision reinforces passenger rights and ensures eligibility for compensation even when denied boarding is communicated early.