Flight delay

The French Supreme Court decided that the time spent at the stop-over airport is a loss of time which should be compensated

Cour de cassation, Chambre civile 1, 16 avril 2015, 14-13.736, Inédit

The present case concerns the Regulation (EC) No 261/2004 and the air passengers right to compensation in case of delay.

X had a flight ticket from Marseille to Manchester with a stop in Paris. The first flight was delayed by 12 minutes. X did not arrive in time at the Paris stop-over airport and he had to wait 6 hours for the next flight. Finally, he arrived in Manchester at 19 o’clock instead of 13 o’clock, which represented 6 hours of delay compared to the initially previewed arrival. X seised the district court of Marseille (Juridiction de proximité de Marseille) which rejected the claim. The first instance judges found out that the first flight took only a 12-minutes delay, while Article 6 of the Regulation (EC) No 261/2004 required a delay of 3 hours or more. X lodged an appeal in cassation.