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Publication date: 26.02.2025
Has been practicing law since 2019. Currently, represents the interests of one of the largest airlines in Europe in the German and Austrian markets. Has over ten years of experience as an international lawyer. Has worked at the Ministry of the Interior of Austria at the embassy in Kyiv.
Case: Defence in a case on recovery of compensation for flight delay
A limited liability company (LLC) filed a lawsuit to recover compensation from an air carrier for a flight delay. The claim was based on assignment agreements signed by the passengers of the flight (citizens of Ukraine), who transferred their claims for compensation to the LLC.
In respect of the first passenger, the court upheld the claim, recognising the validity of the assignment agreement and ordering the carrier to pay compensation together with interest. However, with regard to the second passenger, there were circumstances that cast doubt on the legitimacy of the plaintiff's right to claim compensation: on the day of departure, the passenger signed two assignment agreements with different companies.
Line of defence
The air carrier's counsel raised objections to the claimant's standing as a subject of the claim. The main arguments:
- The passenger could not transfer the same right of claim to two different entities at the same time.
The lack of a clear sequence of contracts made it impossible to determine the proper assignee.
If the first contract is valid, the second automatically becomes null and void, as the right has already been transferred to another company.
The LLC was unable to prove that it was the proper assignee of the claim, as there was another assignment agreement.
The passenger's actions indicate an abuse of rights that contradicts the principles of civil law and good faith of the parties to the contract.
The existence of a conflict between the two assignees creates a risk of double recovery, which is unacceptable in law enforcement practice.
In view of the objections raised, the plaintiff recognised the weakness of its position and voluntarily withdrew the claim. The plaintiff's withdrawal of the claim indicates that there are no sufficient grounds for recovery of compensation and confirms the correctness of the defence arguments.
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Practical recommendations for air carriers
Careful review of assignment agreements before recognising the legitimacy of claims. Carriers should implement a mechanism for preliminary analysis of possible conflicts between assignees.
Use of alternative dispute resolution (ADR) mechanisms to resolve disputes with passengers at the pre-trial stage.
Introduce internal procedures for challenging suspicious claims that may indicate abuse of rights or fraud.
Strengthening contractual terms to prevent double assignment of claims by including special provisions in ticket contracts and transportation rules.
Cooperate with legal platforms that help passengers file claims in accordance with legal regulations, reducing the number of unlawful claims.
Legal marketplace ‘Consultant’
Legal Marketplace ‘Consultant’ is an online platform that brings together professional lawyers, aviation lawyers, specialists in consumer protection, civil law and other areas of law.
The platform provides assistance in resolving aviation issues related to:
- Compensation for flight delays (e.g. 250 EUR compensation for flights up to 1500 km, 400 EUR compensation for flights up to 3500 km, 600 EUR compensation for long-haul flights ).
A refund for the ticket if the flight is cancelled or the ticket is not used.
Reimbursement for damaged baggage and other issues related to the rights of passengers in case of flight delays.
Litigation against the airline if the airline does not refund or refuses to fulfil its obligations.
The platform operates in accordance with Regulation (EC) 261/2004 and the Montreal Convention on Compensation, which allows passengers to effectively protect their rights in case of flight delays, denied boarding or overbooking compensation.
Frequently asked questions about the legal marketplace ‘Consultant’
Question
What should I do if I am denied boarding due to overbooking?
Answer
If you are denied boarding due to overbooking, you can claim compensation for denied boarding or compensation for denied boarding in accordance with Regulation (EC) 261/2004.
Question
Can I claim downgrade compensation ?
Answer
Yes, passengers are entitled to compensation in the event of a downgrade.
Question
Is it possible to refer to court practice to recover compensation from the airline?
Answer
Yes, the precedent-setting decision Sturgeon v. Condor Flugdienst ruling confirmed that passengers are entitled to compensation in the event of significant flight delays, similar to flight cancellations.
Question
What should I do if the airline does not refund my ticket?
Answer
Passengers can request a refund for a cancelled flight or a ticket refund from airline. If the air carrier refuses to comply with the request voluntarily, it is advisable to contact an aviation lawyer and file a lawsuit against the airline.
Question
How do I get refund for canceled flight ?
Answer
Passengers can file a claim directly with the airline or through a law firm specialising in recovering compensation from the airline. If the airline does not refund the money, you can file a lawsuit lawsuit against airline.
Recommendations for passengers:
- Check the terms and conditions of the contract and assignment accurately: before signing assignment agreements, carefully read the terms and conditions to avoid possible disputes and conflicts regarding your right to compensation.
Document all stages of interaction with the air carrier: keep all correspondence, documents, receipts and tickets, as this may become important evidence in the event of a legal dispute.
Consult with experts: contact lawyers or legal platforms specialising in consumer protection to get expert help.
This case demonstrates the importance of careful drafting of assignment agreements and legal clarity in the transfer of claims. The existence of conflicting agreements may be grounds for dismissal of a claim. Air carriers can minimise the risks by implementing appropriate internal procedures and cooperating with reliable legal partners.
If you are an air carrier or a passenger facing compensation issues, please contact the legal marketplace ‘Consultant’. Our experts will help you resolve disputes and effectively protect your rights.
Phone for consultations: +380636250303
