Air Passenger Rights Case Law Developments from 1 January to 25 November 2023

From 1 January to 15 November 2023, there have been limited case developments in relation to air passenger rights. The first part of this article highlights recent decisions from the Court of Justice of the European Union that have shed light on the interpretation of EU Regulation No 261/2004. The second part presents a non -exhaustive overview of selected significant rulings from non-EU countries. In the case Austrian Airlines v. TW, the Court defined the rules applicable to rerouted flights in the context of the coronavirus crisis. In the case FW v. LATAM Airlines Group SA (Latam Airlines), the Court clarified the rules applicable to passengers denied boarding. In the case TAP Portugal v. flightright GmbH and Myflyright GmbH, the Court ruled that passengers are entitled to compensation following a flight cancellation as the death of a crew member away from the airline's base is not an extraordinary situation. In the case Lufthansa v. Vadhera, an Indian Court decided that moral damages may be awarded for lost and delayed luggage in the absence of any physical injury suffered by a passenger. The Mexican Supreme Court recently declared a provision of the national Civil Aviation law unconstitutional and declared that airlines must compensate passengers denied boarding due to overbooked flights with at least 25% of the ticket price, regardless of the different options offered to them. The District Tribunal of New Zealand awarded damages to a passenger as it found an airline liable of misrepresentation and set a precedent in the way airlines promote their inflight experiences.