THE BOTTOM LINE
- Expanded Rerouting Duty: Airlines facing cancellations must prove they offered the fastest possible alternative route, even if it means booking passengers on a competitor’s flight.
- Burden of Proof is Key: Simply stating that no other flights were available is not a valid defense. Airlines must provide evidence they actively searched for quicker options across the market.
- Compensation Risk Remains High: Even if a cancellation is caused by extraordinary circumstances, an airline can still be liable for full compensation if it fails to fulfill its rerouting and care obligations.
THE DETAILS
In a ruling with significant implications for the airline industry, the District Court of North Holland has reinforced that an airline’s duty to passengers following a cancellation extends beyond its own flight network. The case involved five passengers whose EasyJet flight from Copenhagen to Amsterdam was cancelled. The airline denied their claim for compensation under EU Regulation 261/2004, arguing it had fulfilled its obligations by rebooking them on the next available EasyJet flight.
The court’s decision did not focus on the reason for the cancellation itself. Instead, it examined the airline’s subsequent actions. Under EU law, even when a cancellation is caused by unavoidable circumstances, the airline must still take “all reasonable measures” to mitigate the inconvenience to passengers. This includes offering rerouting to their final destination at the “earliest opportunity.” The core of the dispute was whether EasyJet’s offer to rebook passengers on its own service met this standard.
The judge found the airline’s defense lacking. Citing established European case law, the court stated that the obligation to find the earliest possible rerouting is not confined to the carrier’s own fleet. The airline must demonstrate that no faster option existed, including flights operated by competing airlines. EasyJet failed to provide any evidence that it had conducted such a search or that a quicker alternative was genuinely unavailable. Because the airline could not prove it had offered a truly reasonable and timely alternative, it was found to have failed in its duty of care, and the passengers were awarded full compensation.
SOURCE
Source: District Court of North Holland
