Passengers on Conx Flights Must Be Comped for Final Destination 3 hrs or more $$$

The Air Passenger Compensation Regulation generally grants passengers assistance during a
delay to their flight. In its judgment in Sturgeon and Others, the Court of Justice held moreover
that passengers whose flights are delayed may also be compensated, even though the regulation
expressly grants a right to compensation only when flights are cancelled, provided that they reach
their final destination three hours or more after the scheduled arrival time. Such fixed
compensation, of between €250 and €600 depending on the distance of the flight, is determined on
the basis of the last destination at which the passenger’s arrival will be delayed after the scheduled
time.
Mrs Folkerts held a reservation to fly from Bremen (Germany) to Asunción (Paraguay), via CDG
and GRU The departure of the flight from Bremen to Paris, operated by the
company AFwas delayed and the aircraft took off with a delay of approximately two and a
half hours beyond the scheduled departure time. Consequently, Mrs Folkerts missed her
connecting flight in CDG - GRU, also operated by AF, which then re-booked her on
to a later flight to the same destination. Because of her late arrival in GRU, Mrs Folkerts
missed the original connecting flight to Asunción and arrived there 11 hours after the arrival time
originally scheduled.
Since Air France was ordered to pay Mrs Folkerts damages, including, in particular, a sum of €600
under the regulation, that company brought an appeal on a point of law before the
Bundesgerichtshof (German Federal Court of Justice). That court asks the Court of Justice
whether an air passenger may be compensated where departure of his flight was delayed for a
period of less than three hours, but arrival at the final destination was at least three hours later than
the arrival time originally scheduled.
In its judgment today, the Court notes, first of all, that the purpose of the regulation is to grant
minimum rights to air passengers when faced with three different types of situation, namely, when
they are denied boarding against their will, when their flights are cancelled and, lastly, when their
flights are delayed.