Nelson — Sturgeon reaffirmed, airlines lost

The Nelson ruling (ECJ Joined Cases C-581/10 and C-629/10, 23 October 2012) was airlines' attempt to overturn Sturgeon — and they lost.

Background. After the Sturgeon ruling (2009), European carriers protested sharply: they argued the ECJ had overstepped by reading Arts. 6 and 7 EU 261 to mean 3 hours delay = compensation. Lufthansa, IATA and others worked through German and UK courts for new preliminary questions — essentially: redo Sturgeon.

What did the ECJ decide? The Court refused to revise Sturgeon. It reaffirmed every core point:

• 3+ hour arrival delay at the final destination = right to compensation under Art. 7;
• The compensation duty is compatible with the Montreal Convention (airlines argued Sturgeon undermines Montreal limits);
• The compensation is consistent with the principle of legal certainty and proportionality (airlines had argued disproportionality).

Practical consequences. After Nelson, there was no serious legal challenge left to Sturgeon — the rule is final. In claims under EU 261 you don't need to cite Nelson (Sturgeon suffices), but if the carrier tries "Sturgeon is outdated", cite Nelson too. Our EU 261 letter cites both.