We’re really excited about Europe’s highest court, the European Court of Justice’s new ruling. Passenger rights have been given a huge boost. A decision from the 24th of October has confirmed that boarding passes should not be needed to file a claim. This decision makes the process of filing a claim for disrupted flight compensation much easier, and more certain.
The decision is legally binding for all member nations of the EU and adhering states and reverses a previous decision by the French Supreme Court in 2018 stipulated that boarding passes were required as proof of presence at the airport on the day of departure. This had worked very much in favour of the airlines and had been used to avoid making payments.
Under European Union Regulation (EU) No 261/2004 passengers are currently entitled to up to €600 compensation for over 3 hour delayed flights, cancelled flights, or denied boarding for all flights within, to or from the EU, or with airlines registered in the EU.
More information about when you claim flight compensation is available on our website:
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The rights of the most protected air passengers thanks to this CJEU ruling
Thanks to this judgment of the Court of Justice of the European Union, air passengers will not be unprotected for not having the boarding pass, since the European justice considers that it is a document that only confirms information that already has the airline itself and, therefore, it cannot refuse to compensate for cancellations, major delays or overbooking just based on the lack of the boarding pass.
About the boarding pass
The boarding pass is a document (in paper or digital format) used to access the plane at the time of the flight. In addition, it accredits that a passenger has taken his place on that trip and, therefore, is a very important element and, especially, it was so far, that European justice has taken another step in his eagerness to protect passengers and It has settled the question about whether it was an essential document when carrying out a claim (especially flight delays).
In reclamador.es we have encountered many problems with users who had used an electronic boarding pass through the airline app, because once the flight was over it was no longer available or was deleted from the device by the user. What left in the air the viability of the claim against the airline.
Tips
"From now on it will be enough to make the claim with the reservation and the flight confirmation."
Have you had a claim already rejected?
If you previous had a claim rejected by an airline because of a failure to produce a boarding pass, then now is the time to reapply. You can easily recheck your flight on our website at www.myairrights.com.