Flight delay compensation victory: the news Ryanair didn't want to hear

Landmark European Court of Justice ruling means airlines won't be able to dodge technical fault claims for flight delay compensation.

Millions of airline passengers that experience flight delays or cancellations because of technical faults will now be able to claim compensation, following a European Court of Justice (ECJ) ruling.

In the case of Corina van der Lans vs Dutch airline KLM, judges at Europe’s highest court found that unexpected technical problems can no longer be counted as an ‘extraordinary circumstance’.

EU rules state that a passenger delayed by at least three hours, or who has their flights cancelled, can claim up to €600 (around £434), unless it’s down to ‘extraordinary circumstances’ outside of an airline’s control.

Airlines have fiercely argued that technical faults should be considered as extraordinary circumstances, and so they should not have to hand over compensation. Indeed, Ryanair is currently being investigated by the UK's aviation authorities because of how strictly it is attempting to enforce this interpretation.

Making the rules clear

The most recent case which has clarified the rules involved Corina van der Lans, whose KLM flight from Quito, Ecuador to Amsterdam, Netherlands was delayed by a whopping 29 hours because of a combination of two faults. The airline said two components were defective: the fuel pump and the hydro mechanical unit.

KLM argued the delay was out of its hands, as the defective components were within their recommended lifespan and the manufacturer hadn’t warned which defects may arise once the components reached a certain age.

Van der Lans took her case to the District Court in Amsterdam, which referred the case to the ECJ. Last week the ECJ found in the Van der Lans’ favour and the ruling cannot be appealed.

The court says that technical problems, whether as a result of failure to carry out maintenance or discovered through routine maintenance, don’t count as extraordinary circumstances. It reasoned that technical faults, even those caused by unexpected events, are inherent in the normal exercise of an air carrier's activity.

The ECJ said the only exemptions are certain technical problems resulting from ‘hidden manufacturing defects' affecting the safety of flights, as well as acts of sabotage or terrorism. In those cases, carriers will not have to pay compensation.

This binding European ruling confirms what the Supreme Court in the UK ruled in the Huzar v Jet2 case last year.

Cut the cost of your travel insurance

More bad news for Ryanair

The ruling is yet more bad news for Ryanair, which is already being investigated by the UK's aviation regulator after it found that the budget airline was breaking European rules in its handling of compensation for delayed flights.

The Civil Aviation Authority (CAA) said that Ryanair has refused to pay full compensation for delays caused by technical faults and is trying to impose a two-year claim limit from the date of the flight, when the law states that passengers will have up to six years in which to issue a compensation claim.

Andrew Haines, chief executive of the CAA, said: "The CAA is committed to protecting the rights of air passengers and we are determined to ensure all airlines comply with this regulation."

How to make a claim

If your flight has been delayed or cancelled in the last six years because of a technical fault you are eligible for compensation.

See our How to claim compensation for delayed and cancelled flights guide for more information on what you might be able to get and how to go about starting your claim.

Cut the cost of your travel insurance

More on travel:

What is it acceptable to take from hotel rooms?

Want a happier life abroad? Best countries to move to

New free service helping passengers get hundreds back for delayed flights