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Non-EU airlines liable for compensation for delays, EU’s top court says
A United Airlines Boeing 787 taxis at San Francisco International Airport February 7, 2015. u00e2u20acu201d Reuters pic

BRUSSELS, April 7 — The EU’s top court today cleared the way for passengers to seek compensation for delayed flights from non-EU airlines operating flights on behalf carriers from within the bloc.

The ruling from the Luxembourg-based Court of Justice of the European Union (CJEU) is the latest to boost passengers’ rights to be reimbursed for flight delays or cancellations.

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Today’s case concerned three passengers, who made a single reservation with Lufthansa via a travel agency for a flight from Brussels to San Jose in the United States. The flight was entirely operated by United Airlines.

The three travellers arrived at their destination with a 223-minute delay and subsequently sued United Airlines in a Dutch court for compensation.

The CJEU backed their claim, saying United Airlines could then seek compensation from third parties.

"Passengers of a delayed flight may claim compensation from a non-EU air carrier where that carrier operates the entirety of the flight on behalf of an EU carrier,” judges said.

"The operating air carrier (United Airlines) which is obliged to compensate a passenger retains the right to seek compensation from any person, including third parties, in accordance with the applicable national law.”

The case is C-561/20 United Airlines. — Reuters

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