From 1 January to 31
July 2025, there have been several new court decisions concerning air passenger
rights. The first part of this article highlights recent decisions from the
Court of Justice of the European Union (CJEU) that have shed light on the
interpretation of EU Regulation No 261/2004 and the Convention for the
Unification of Certain Rules for International Carriage by Air (Montreal
Convention 1999). The second part presents a non-exhaustive overview of
selected significant rulings from non-EU countries.
In the case NW, YS v.
Qatar Airways, the Court clarified that passengers travelling under promotional
fares remain entitled to rerouting under Regulation 261/2004 even long after
the original cancellation, and airlines cannot refuse rerouting solely because
tickets were obtained through special promotions. In Flightright GmbH v. Etihad
Airways, the Court confirmed that passengers are entitled to reimbursement in
cash unless they give clear and explicit consent to accept vouchers, and mere
registration in a loyalty programme is insufficient. In M1.R., M2.R. v. AAA sp.
z o.o., the Court ruled that passengers on package tours or third-party
financed trips are entitled to compensation under the Regulation if they hold a
boarding pass and a confirmed reservation, regardless of whether they travelled
free of charge or on a reduced fare.
In AD (a passenger) v.
Iberia Líneas Aéreas de España, the Court held that a passenger may validly
submit a protest for delayed baggage under the Montreal Convention at any time
after discovering the delay and within the twenty-one-day period, including
before the baggage is delivered.
In Union des
consommateurs and Silas v. Air Canada, the Québec Court of Appeal imposed over
ten million Canadian Dollars (CAD) in punitive damages for misleading ‘drip
pricing’. In Keung v. WestJet Airlines Ltd., the Civil Resolution Tribunal of
British Columbia dismissed a delay-compensation claim, holding that parent companies
are not automatically liable for subsidiaries. In Air Passenger Rights v.
WestJet Airlines Ltd., the Supreme Court of British Columbia enjoined WestJet
from posting fixed hotel and meal reimbursement limits. In WestJet v. Gauthier,
the British Columbia Court of Appeal confirmed that passengers with
disabilities may pursue provincial consumer law claims for extra-seat charges
on international flights.