Case law
Landmark ECJ rulings that drive your claim: Sturgeon, Wallentin-Hermann, Folkerts, Nelson, Van der Lans, Leitner. What they decided — and how they show up in your letter.
All 7 topics
Folkerts ruling (C-11/11)Folkerts (ECJ C-11/11, 26 Feb 2013) holds: on a missed connection the final destination delay counts, not the intermediate stop.Read Nelson ruling (C-581/10)The Nelson ruling (ECJ, 23 October 2012) is the confirmation airlines did not want: the Sturgeon rule stands, 3 hours = compensation.Read Van der Lans ruling (C-257/14)Van der Lans (ECJ, 17 September 2015) holds that the operating airline — not the marketing carrier — is liable for EU 261 compensation on codeshare flights.Read Leitner ruling (C-168/00)The Leitner ruling (ECJ, 12 March 2002) holds that consumers in package tours are entitled to non-material damages for loss of enjoyment — not only material damages.Read Pesková ruling (C-315/15)Pesková (ECJ, 4 May 2017) draws the line: bird strikes are outside carrier control and DO qualify as extraordinary circumstance. But the carrier must show all reasonable measures.Read McDonagh ruling (C-12/11)McDonagh (ECJ, 31 January 2013) holds that care under Art. 9 EU 261 is unlimited in duration and amount — even in force majeure. Applies to Eyjafjallajökull, COVID grounding, and any other prolonged disruption.Read Krüsemann ruling (C-195/17)Krüsemann (ECJ, 17 April 2018) holds that a wildcat strike by the carrier's own cabin crew or pilots does NOT count as extraordinary circumstance. Operational risk borne by the carrier.Read