In short: A single booking from an EU airport to a non-EU destination is covered by EU261 throughout, even with a stopover and change of aircraft outside the EU.
| Case | Claudia Wegener v Royal Air Maroc SA |
|---|---|
| Citation | C-537/17 |
| Court | Court of Justice of the EU (Eighth Chamber) |
| Date | |
| Full text | EUR-Lex (Publications Office of the European Union) |
The facts
Ms Wegener booked a single journey with Royal Air Maroc from Berlin to Agadir (Morocco), with a scheduled stopover and change of aircraft in Casablanca. She checked in for the whole journey in Berlin. The flight to Casablanca left late, and when she presented herself for the Agadir flight she was refused boarding because her seat had been given to another passenger. She arrived in Agadir four hours late on another Royal Air Maroc flight.
Royal Air Maroc refused compensation, saying the regulation did not apply. The Landgericht Berlin (Regional Court, Berlin) asked whether a journey with a stopover and change of aircraft outside the EU is a “flight” covered by Article 3(1)(a).
The question
Does Regulation 261/2004 apply to a journey booked as one unit from an EU airport to a non-EU airport, with a scheduled stopover and change of aircraft outside the EU?
What the Court ruled
The regulation applies to passenger transport made under a single booking which, between its departure from an airport in a Member State and its arrival at an airport in a non-EU country, includes a scheduled stopover outside the EU with a change of aircraft.
Paraphrased from the operative part of the judgment. The exact wording is in the full text.
What it means for you
If your journey starts at an EU airport and is booked as one trip, the whole journey is covered, including the onward leg between two non-EU airports. As in Folkerts, the delay is assessed at your final destination.
The English Court of Appeal reached a consistent view in Gahan v Emirates (2017) for a journey from Manchester to Bangkok via Dubai.
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.
Related cases
- LE v TAP – Unruly passengers, knock-on delays and re-routing
- Gahan v Emirates – Connections via Dubai etc.: delay at final destination counts
- Folkerts – Connecting flights: delay is measured at the final destination
- LOT v Budapest Government Office – Enforcement bodies may order airlines to pay
- Moens v Ryanair – Runway closed by a fuel spill is extraordinary
- Germanwings v Pauels – Runway debris damaging a tyre is extraordinary
Sources
- Judgment of the Court (Eighth Chamber), 31 May 2018, Case C-537/17, Wegener v Royal Air Maroc – EUR-Lex (Publications Office of the European Union)
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