Folkerts (C-11/11)

A plain-English summary of the Court of Justice of the EU judgment of 26 February 2013: the facts, the question, what was decided and what it means for your claim.

By the EU261 Flight Delay editorial team Last reviewed: Reading time: 4 min How we write our guides

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In short: On directly connecting flights, compensation depends on the delay at the final destination, even if the first flight left only slightly late.

CaseAir France SA v Heinz-Gerke Folkerts and Luz-Tereza Folkerts
CitationC-11/11
CourtCourt of Justice of the EU (Grand Chamber)
Date
Full textEUR-Lex (Publications Office of the European Union)

The facts

Mrs Folkerts was booked to fly from Bremen to Asunción (Paraguay) via Paris and São Paulo on 16 May 2006, and had boarding cards for the whole journey. The Air France flight from Bremen to Paris took off about two and a half hours late, so she missed her connection to São Paulo. Air France rebooked her on a later flight, and because she reached São Paulo late she also missed the onward flight to Asunción. She arrived 11 hours after the scheduled time.

The German courts ordered Air France to pay damages, including €600 under Article 7. Air France appealed to the Bundesgerichtshof (Federal Court of Justice), which asked the Court of Justice whether compensation was due when the delay at departure was below the limits in Article 6.

The question

On directly connecting flights, is compensation payable when the first flight was delayed at departure by less than the Article 6 limits, but the passenger reached the final destination three hours or more late?

What the Court ruled

  1. Compensation under Article 7 is payable to a passenger on directly connecting flights who was delayed at departure for less than the limits in Article 6, but arrived at the final destination at least three hours after the scheduled arrival time.
  2. The right to compensation does not depend on there having been a delay at departure, so the conditions in Article 6 do not have to be met.

Paraphrased from the operative part of the judgment. The exact wording is in the full text.

What it means for you

If your journey was booked as one trip and you missed a connection, look at when you reached your final destination, not at how late the first leg was. A 30-minute delay on the first flight can lead to full compensation if it makes you miss the connection and arrive three or more hours late.

The English Court of Appeal relied on Folkerts in Gahan v Emirates (2017) when it held that connecting flights on one booking are taken together.

Read more: Missed connection compensation · Flight delay compensation.

Status in the UK

Decided before the end of the Brexit transition period (11 pm on 31 December 2020), so it is assimilated EU case law in the UK. County courts and sheriff courts must follow it when they apply UK261; the UK Supreme Court and the appeal courts listed in the 2020 regulations (including the Court of Appeal in England and Wales) may depart from it.

How EU rulings apply after Brexit is explained on our case-law overview.

This is a plain-English summary written by our editorial team, not legal advice. Judgments turn on their facts, and later rulings can refine them. Before relying on a case in a dispute, read the full judgment or get advice.

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Sources

  1. Judgment of the Court (Grand Chamber), 26 February 2013, Case C-11/11, Air France v Folkerts – EUR-Lex (Publications Office of the European Union)

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