Introduction

A recent judgment by the Court of Justice of the European Union in Case C-20/24 (Cymdek) is significant for air passenger rights. The ruling confirms that a boarding pass can serve as proof of a confirmed flight reservation. The CJEU also emphasized that the fact that a package tour is paid for by a third party does not exclude the right to compensation in the event of a significant flight delay.

Case Background (CJEU)

In the case at hand, an airline entered into a contract with a tour operator, under which the tour operator purchased airline seats and subsequently sold them to passengers. Two passengers purchased a package tour that included a flight from Tenerife to Warsaw, but the flight was delayed by more than 22 hours upon arrival.

Since the package tour contract was concluded between the tour operator and a third company, the airline refused to pay compensation, arguing that the passengers did not have a confirmed and paid reservation. It also claimed that they traveled for free or at a reduced fare, which should exclude their right to compensation.

Position of the Court of Justice of the European Union (CJEU)

The Polish court, uncertain about the interpretation of EU law, referred the case to the Court of Justice of the European Union for a preliminary ruling. The Court made important findings:

1. A Boarding Pass as Proof of a Confirmed Reservation

The Court clarified that a boarding pass can serve as proof of a confirmed flight reservation. If a passenger successfully checks in with such a pass, they are considered to have a confirmed reservation unless the airline proves otherwise.

2. Payment by a Third Party Does Not Exclude the Right to Compensation

The Court also found that the fact that a package tour was paid for by a third party does not affect the right to compensation. A passenger would only be considered to have traveled free of charge or at a reduced fare excluding compensation rights if they received such a benefit directly from the airline.

3. Burden of Proof on the Airline

The Court further emphasized that, in accordance with national rules, the burden of proof lies with the airline. The airline must demonstrate that the passenger indeed traveled free of charge or at a special reduced fare not available to the public.

Conclusion

The judgment in Case C-20/24 (Cymdek) strengthens air passenger rights and limits airlines’ ability to reject compensation claims. Passengers who experience significant delays are entitled to compensation if they had a confirmed reservation for the flight, which can be proven with a boarding pass. Additionally, airlines cannot deny compensation merely because a third party paid for the travel package.

This ruling sets an important precedent in protecting air passenger rights and enhances their legal security in cases of flight delays or cancellations.

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