HomeCourt of Justice case law → C-402/07
C-402/072009Sturgeon Ruled for the passenger

Delay of 3+ hours treated as cancellation

Regulation 261/2004 explicitly provided compensation only for cancellation and denied boarding. The Court of Justice read it broadly: passengers arriving at their final destination three or more hours late are in a situation comparable to those whose flight was cancelled, and therefore have an equal right to payment. The three-hour threshold that underpins all current practice comes from this judgment.

Why it matters: If an airline refuses on the grounds that the flight was "only delayed, not cancelled", that directly contradicts Sturgeon.

These summaries are provided for understanding and do not replace legal advice. Full texts are available in the EUR-Lex database by case number.

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The fee is deducted only from the compensation recovered. No payout — no fee.

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