Germanwings GmbH v Ronny Henning (2014) C‑452/13 CJEU (9th Chamber); ECLI:EU:C:2014:2141

European Court of Justice, Ninth Chamber

Facts

7 Mr Henning purchased an aeroplane ticket from Germanwings in order to go from Salzburg (Austria) to Cologne/Bonn. That ticket specified a take-off from Salzburg airport at 13.30 on 11 May 2012 and an arrival at Cologne/Bonn airport at 14.40 on the same day. The flight distance between those two airports is, according to the great circle route method, less than 1500 kilometres.

8 On 11 May 2012, Mr Henning’s aircraft was delayed in taking off from Salzburg airport. On arrival, the aircraft touched down on the tarmac of the runway at Cologne/Bonn airport at 17.38. The aircraft did not, however, reach its parking position until 17.43, that is to say three hours and three minutes after the scheduled arrival time. The doors of the aircraft were opened shortly afterwards.

9 Mr Henning takes the view that the final destination was reached with a delay of more than three hours in relation to the scheduled arrival time. He thus considers that he has the right to compensation of EUR 250 on the basis of Articles 5 to 7 of Regulation No 261/2004. Germanwings submits that, as the actual arrival time was the time at which the plane touched down on the tarmac at Cologne/Bonn airport, the delay in relation to the scheduled arrival time is only two hours and 58 minutes, with the result that no compensation is payable.

Issue(s)

What does ‘arrival time’ mean within the context of Articles 2, 5 and 7 of EU Regulation 261/2004?

Discussion

20 During a flight, passengers remain confined in an enclosed space, under the instructions and control of the air carrier, in which, for technical and safety reasons, their possibilities of communicating with the outside world are considerably restricted. In such circumstances, passengers are unable to carry on, without interruption, their personal, domestic, social or business activities. It is only once the flight has ended that they are able to resume their normal activities.

21 Although such inconveniences must be regarded as unavoidable as long as a flight does not exceed the scheduled duration, the same is not true if there is a delay, since the time by which, in the circumstances described in the preceding paragraph, the scheduled duration of the flight has been exceeded, represents ‘lost time’ in the light of the fact that the passengers concerned cannot use it to achieve the objectives which led them to go at the desired time to the destinations of their choice.

22 It follows that the concept of ‘actual arrival time’ must be understood, in the context of Regulation No 261/2004, as corresponding to the time at which the situation described in paragraph 20 of the present judgment comes to an end.

23 In that regard, it must be stated that, in principle, the situation of passengers on a flight does not change substantially when their aircraft touches down on the runway at the destination airport, when that aircraft reaches its parking position and the parking brakes are engaged or when the chocks are applied, as the passengers continue to be subject, in the enclosed space in which they are sitting, to various constraints.

24 It is only when the passengers are permitted to leave the aircraft and the order is given to that effect to open the doors of the aircraft that the passengers may in principle resume their normal activities without being subject to those constraints.

25 It is apparent from the foregoing considerations that Articles 2, 5 and 7 of Regulation No 261/2004 must be interpreted as meaning that the concept of ‘arrival time’, which is used to determine the length of the delay to which passengers on a flight have been subject, corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.

26 That finding is not invalidated by the fact that a number of European Regulations and also certain International Air Transport Association (IATA) documents refer to the concept of ‘actual arrival time’ as the time at which an aircraft reaches its parking position. Those regulations and documents pursue objectives relating to air navigation rules and, in particular, to the allocation of slots, which are different from those of Regulation No 261/2004. Consequently, the definitions that they give cannot be regarded as relevant for the interpretation of corresponding terms in the context of Regulation No 261/2004, which is aimed exclusively at conferring minimum rights on passengers who are subject to various inconveniences because they are denied boarding against their will or have their flights cancelled or delayed.

27 In the light of all of the foregoing considerations, the answer to the referring court’s question is that Articles 2, 5 and 7 of Regulation No 261/2004 must be interpreted as meaning that the concept of ‘arrival time’, which is used to determine the length of the delay to which passengers on a flight have been subject, refers to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.

Useful for

Arrival time means the time the aircraft doors open under EU261

Treaty provisions considered

No treaty provisions considered.

Legislation considered

EU Regulation 261/2004/

Key subjects or concepts

Local Law on Consumers/

Appeals history

No relevant appeals or appeal history identified for this case.

Other case information

Lawyers or counsel before the European Court of Justice, Ninth Chamber:
No counsel or legal team identified for this case.

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