Must an airline pay EU-mandated compensation for the entirety of a multi-stop journey due to the delay of a single leg that it operated within the EU? According to the UK’s Court of Appeal, that answer is ‘no.’ The ruling came via a case that involved Air India and a multi-stop itinerary that began end ended outside the EU. Let’s take a look at this case, the ruling, and what it means for passengers flying through the United Kingdom.
Presented before the court
Let’s first take a look at the case triggering the ruling. In May of 2019, Ms Kanaka Durga Chelluri traveled by air from Kansas City, Missouri, to Bengaluru, in India. Her booking had four legs. As scheduled, those legs were as follows:
- Kansas City (Missouri) to Detroit: Departure from Kansas City at 13.49 (local time) on 27 May 2019;
- Detroit to London Heathrow: Departure at 18:00 (local time) on 27 May 2019;
- London Heathrow to Chhatrapati Shivaji Maharaj airport, Mumbai, India: Departure at 13:15 (local time) on 28 May 2019;
- Mumbai to Bengaluru: Departure at 18:00 (local time) on 29 May 2019.
Delta Air Lines was the airline operating the first two legs of the journey, while Air India operated legs three and four.
According to court documents, the flight from London Heathrow to Mumbai was delayed by approximately 48 hours and did not depart until 14:09 (local time) on 30 May 2019. As a result, Chelluri did not arrive in Mumbai until 01:30 (local time) on 31 May 2019. With an arrival delay of 46 hours and 45 minutes, Chelluri missed her connecting flight to Bengaluru by nearly two full days.
Chelluri made a claim for the whole journey under EU Regulation 261/04– a regulation that provides a compensation mechanism for delayed and canceled flights. UK Aviation News reports that District Court judges ruled that Chelluri was not entitled to compensation and rejected her claim, as the flight was effectively one flight (with multiple legs). Indeed, EU law stipulates that a multi-stop journey is regarded as a ‘whole journey’ when under a single booking.
The ruling was appealed.
The Court of Appeal’s ruling
According to Law.com, the court had to determine whether the airline would be liable to pay EU-mandated compensation for a whole multi-stop journey resulting from a delay to a single leg that it operated.
Ultimately, the UK’s Court of Appeal upheld the district court’s decision, siding with Air India. The court ruled that EU law stipulates that multi-stop journeys are considered whole journeys. As Air India’s services did not start or end in the EU, it was not liable for compensation for the whole journey. Of course, this case will have ramifications on future claims of a similar nature…
Bottom line
Based on the definition that a multi-stop booking is considered a whole journey, or ‘single unit,’ the UK’s Court of Appeal has ruled that an itinerary that begins and ends outside of the EU is not covered under rules for compensation.
Post-Brexit, it would seem that this outcome would extend to the UK’s own rules for compensation. The judge ruling on the case noted that if the passenger had won, then “every flight that comes into the UK from the Americas or Asia for an onward destination anywhere in the world would be liable to claims.”
What do you think of this ruling? Is it more of a blow to passengers or much-welcomed relief for airlines?
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