Bumped into Differences on the Possibility of the Air Passenger to Claim Further Compensation

This contribution focuses on the ruling of the Court of Justice of the European Union (CJEU or Court) of 29 July 2019 in the Rusu case. This ruling clarifies the position of a passenger who is confronted with denied boarding and who is not optimally re-routed, causing damage to the passenger. The CJEU decided that in the event of denied boarding, passengers can claim further compensation – in addition to the right to compensation on the basis of Article 7 of the Regulation 261/ 2004 (Aviation Regulation) – if the applicable national law provides for this. The CJEU explicitly states that lost wages are a clear example of an individual loss. This loss is not covered by the standardized amount of compensation according to Article 7. For a right to further compensation in the event of a delay, the Montreal Convention is applicable and determines whether passengers are eligible for further compensation or not. As a consequence, the nature of the disruption that airline passengers are confronted with will determine their legal position. In this contribution, the facts of the case will be discussed first, followed by the judgment of the CJEU. Then, the possible consequences of this ruling will be examined and an attempt will be made to state to what extent the position of air passengers has improved.