On 22 November 2012, Thomas von Danwitz, Judge at the Court of Justice of the EU, pronounced his judgment in the case Cuandrench Moré (C-139/11) on Transport.
EU law affords air passengers a right to compensation according to the distance and destination of their cancelled flight, unless the cancellation is caused by extraordinary circumstances that are circumstances which could not have been avoided even if all reasonable measures had been taken by the carrier. Passengers may rely on that right before the national courts. However, the European legislation does not specify any time-limit for bringing actions for compensation.
Mr Cuadrench Moré purchased a ticket from the airline KLM for a flight from Shanghai to Barcelona scheduled for 20 December 2005. Since that flight was cancelled, he was forced to travel the following day with another airline, via Munich.
In its judgment delivered today, the Court holds that the time-limits for bringing actions for compensation for flight cancellation under European Union law are determined in accordance with the rules of each Member State on the limitation of actions.
Only the original language version is authentic and it prevails in the event of its differing from the translated versions.