EU Judgment in Case C-49/22 Austrian Airlines (repatriation flight)

Thursday 8th June 2023

Judgment in Case C-49/22 Austrian Airlines (repatriation flight)

(Transport)

As part of a package trip, a couple had confirmed reservations for a flight, on March 7, 2020, departing from Vienna to Mauritius, as well as for the return flight OS 18, on March 20, 2020 Both flights were to be operated by Austrian Airlines.

The outbound flight was completed. On the other hand, on March 18, 2020, Austrian Airlines canceled the return flight following the measures taken by the Austrian government due to the Covid-19 pandemic.

Austrian Airlines did have the couple’s contact details but did not inform them of this cancellation, nor of the rights they had under the Air Passenger Rights Regulation. It was not until March 19, 2020 that they were informed, by the organizer of their trip, of the cancellation of the return flight as well as the organization of a repatriation flight by the Austrian Ministry of Foreign Affairs, scheduled for March 20, 2020, when no more scheduled flights were made.

The couple registered for this repatriation flight on the website of the Ministry of Foreign Affairs. As such, each of them had to pay a compulsory contribution to the costs of an amount of € 500. This repatriation flight was operated by Austrian Airlines under flight number OS 1024, at the time originally booked for the return flight OS 18 originally scheduled.

By a legal action, the couple requested that Austrian Airlines be ordered to pay the sum of € 1,000, plus interest. This sum corresponds to the compulsory participation that they had to pay for the repatriation flight. The Regional Court of Korneuburg, Austria, asks the Court of Justice to interpret the Air Passenger Rights Regulation in this regard.

Background Documents C-49/22