In short: The arrival time that decides whether you were three hours late is when at least one aircraft door opens, not when the wheels touch the runway.
| Case | Germanwings GmbH v Henning |
|---|---|
| Citation | C-452/13 |
| Court | Court of Justice of the EU (Ninth Chamber) |
| Date | |
| Full text | EUR-Lex (Publications Office of the European Union) |
The facts
Mr Henning flew with Germanwings from Salzburg to Cologne/Bonn on 11 May 2012, a flight of less than 1,500 km, scheduled to arrive at 14.40. The aircraft left late, touched down at Cologne/Bonn at 17.38 and reached its parking position at 17.43 – three hours and three minutes after the scheduled arrival time. The doors were opened shortly afterwards.
He claimed €250. Germanwings argued that the arrival time was the moment of touchdown, so the delay was only two hours and 58 minutes and nothing was owed. The German court hearing the appeal asked the Court of Justice what “arrival time” means.
The question
Which moment counts as the “arrival time” when measuring a delay for compensation: touchdown, reaching the parking position, or the opening of the doors?
What the Court ruled
The “arrival time” used to measure the length of the delay is the time at which at least one of the doors of the aircraft is opened, on the assumption that passengers are then permitted to leave the aircraft.
Paraphrased from the operative part of the judgment. The exact wording is in the full text.
What it means for you
Taxiing and waiting at the stand count towards your delay. If the airline says you landed 2 hours 55 minutes late, check when the doors actually opened: a few minutes can take you over the three-hour line.
Keep evidence of the time you could leave the aircraft – a timestamped photo or message helps. Airlines’ “landed” or “arrived” times may refer to touchdown or on-block time.
Read more: 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.
Related cases
- LOT v Budapest Government Office – Enforcement bodies may order airlines to pay
- LE v TAP – Unruly passengers, knock-on delays and re-routing
- Moens v Ryanair – Runway closed by a fuel spill is extraordinary
- Germanwings v Pauels – Runway debris damaging a tyre is extraordinary
- Wegener v Royal Air Maroc – EU departures with a non-EU stopover are covered all the way
- Krüsemann v TUIfly – Mass crew sick-out (“wildcat strike”) is not extraordinary
Sources
- Judgment of the Court (Ninth Chamber), 4 September 2014, Case C-452/13, Germanwings v Henning – EUR-Lex (Publications Office of the European Union)
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