Guiding principle:
A passenger whose tour operator incorrectly notifies a flight cancellation is entitled to compensation from the air carrier under Article 7 of Regulation (EC) No. 261/2004, even if the flight was carried out as scheduled and the air carrier was not informed of the notification.
Judgment summary:
In its judgment of October 17, 2024 (case numbers C-650/23 and C-705/23), the ECJ ruled that passengers travelling as part of a package holiday and who are incorrectly informed by their tour operator of the cancellation of their booked flight can claim compensation from the operating air carrier. This also applies if the company itself had no knowledge of the incorrect cancellation notification and the flight was carried out as planned.
The ECJ clarified that tour operators are legally considered actors whose actions can be attributed to the operating air carrier. The Air Passenger Rights Regulation aims to ensure a high level of consumer protection, which is why the airline is liable for incorrect information passed on by the tour operator. However, the airline has the right to assert recourse claims against the tour operator.
This ruling strengthens the protection of package holidaymakers and prevents passengers from being disadvantaged for faulty communication processes between tour operators and airlines.