Flight passengers have been given a welcome boost thanks to a new court ruling that has reinforced their rights.
But the decision may not help Brits who find themselves in a dispute with airlines due to Brexit.
The judgement comes from the Court of Justice of the European Union (CJEU), which was asked to make a decision on a case in Poland that saw two travellers delayed by almost an entire day,
The air passengers, travelling via flight from Tenerife to Warsaw, were put out by more than 22 hours.
Under EU law, they were entitled to claim compensation from the airline for the inconvenience.
However, the airline – which has been anonymised in court documents – refused to pay out because it argued the passengers did not have a confirmed and paid for reservation for that flight.
But the CJEU has now declared that a boarding pass – which the passengers did have in their possession – may be enough to prove a valid booking.
A CJEU spokesperson said: “The Polish court, before which those passengers brought an action, referred the matter to the Court of Justice.
“It wishes to ascertain whether, contrary to the position of the air carrier, those passengers should be compensated under EU law.
“The Court has replied in the affirmative. It considers that a boarding pass may constitute other proof that the reservation has been accepted and registered by the air carrier or tour operator for the flight concerned.
“Thus, apart from in abnormal circumstances, passengers who presented themselves for check-in and who took the flight concerned, with a boarding pass for that flight, must be regarded as having a confirmed reservation on that flight.”
In an additional blow for airlines, the CJEU has stated that passengers who have booked as part of a package flight are still entitled to compensation.
The airline in question argued that because the flight from Tenerife to Warsaw was part of a package tour that was paid for by a third party company at a cheaper rate, the passengers travelled at a reduced fare and therefore were not entitled to compensation.
But the CJEU refuted this, adding: “Moreover, the Court does not consider the passengers in question to have travelled free of charge or at a reduced fare not available directly or indirectly to the public.
“Such a situation would arise only if it were the air carrier itself which granted them such a possibility.
“Accordingly, the fact that a third party paid the price of the package tour to the tour operator and that the latter, in turn, paid the price of the flight to the air carrier in accordance with market conditions does not prevent the passengers from enjoying the right to compensation.
“The Court also states that it is for the air carrier to demonstrate, in accordance with the rules laid down by national law, that a passenger has travelled free of charge or at such a reduced fare.”
However, due to Brexit, Britons may not be covered by this ruling as the UK is no longer bound to CJEU decisions.
According to legal experts at law firm Travers Smith, CJEU judgements are not directly effective in the UK if the judgement is made after 2021.
However, given that UK courts tend use EU case law to implement rulings if they are relevant, British travellers may be afforded the same rights in due course.