On 4 October 2012, Antonio Tizzano, Judge at the Court of Justice of the EU, pronounced the judgment in the case Rodriguez Cachafeiro and Martinez-Reboredo (C-321/11) on Transport.
The Court said that the regulation on compensation and assistance to passengers (‘the regulation’) grants certain rights to air passengers departing from or flying to an airport located in a Member State. It defines ‘denied boarding’ as the refusal by an air carrier to carry passengers, although they wish to travel and have presented themselves in time for boarding and have a confirmed reservation. However, the regulation provides for cases where there are grounds for a carrier to deny boarding. With the exception of those cases, passengers are entitled to be compensated immediately, be reimbursed their tickets or be re-routed to their final destination and cared for while awaiting a later flight.
Only the original language version is authentic and it prevails in the event of its differing from the translated versions.