EU orders payout for airline delays

AIRLINE passengers whose flights are delayed for several hours have the same right to compensation as those hit by cancellations, a European court has ruled.

In a judgment delivered yesterday, the Court of Justice said the €250 to €600 payout made when flights are cancelled should be extended to travellers who arrive at their destination at least three hours late.

A group of Austrian passengers had their legal battle for compensation referred to the European court after their Air France flight was delayed by 22 hours due to a technical problem.

"Passengers who are affected by a delay sustain similar damage, consisting in a loss of time, and thus are in a comparable situation," the ruling says.

"There is no justification for treating passengers whose flight is delayed any differently when they reach their final destination three hours or more after the scheduled arrival time."

However the court said there would be no right to compensation if the airline can prove that the delay was caused by "extraordinary circumstances which are beyond its actual control".

Photo:Joshua Davis