Passengers can now claim compensation when flights are cancelled or delayed due to technical problems, the European Court of Justice has ruled.
The ruling means that airlines can no longer claim problems caused during, or due to a lack of, aircraft maintenance are "extraordinary circumstances".
As such, airlines are now eligible to pay compensation to passengers who suffer cancellations or delays in such cases.
The phrase "extraordinary circumstances" still applies, however, to bad weather, strikes and political instability. The Luxembourg court ruled that as these situations cannot be reasonably avoided by airlines, then compensation does not have to be paid when cancellations and delays arise as a result.
The court said: "In the course of the activities of an air carrier, that unexpected event is inherent in the normal exercise of an air carrier's activity, as air carriers are confronted as a matter of course with unexpected technical problems. No component of an aircraft lasts forever."
Last month, the UK's Civil Aviation Authority enforced legislation to make Aer Lingus, Wizz Air and Jet2 change their compensation policies for delayed and cancelled flights (see news, August 20).
Graham Smith
