Home → Court of Justice case law

Court of Justice case law

Much of how EU261 works in practice comes not from the text of the regulation but from rulings of the Court of Justice. These are the key cases you can cite in a dispute with an airline.

C-402/07 · Delay of 3+ hours treated as cancellation
This ruling created the right to compensation for delays — the regulation itself never mentioned it.
C-549/07 · Technical faults are not force majeure
The most common ground for refusal was found to be unsound.
C-257/14 · A sudden breakdown is no excuse either
A continuation of Wallentin-Hermann: unexpectedness is not an argument.
C-452/13 · Delay is measured from the moment doors open
The exact starting point for the three-hour count was settled here.
C-11/11 · Connections are judged by the final destination
The key ruling for anyone flying with a transfer.
C-195/17 · A strike by the airline’s own staff is not force majeure
The mass "sick leave" of crew after a restructuring announcement.
C-315/15 · A bird strike is force majeure — with a caveat
A rare case decided for the airline — but only in part.