Italian Supreme Court rules Aeroflot pay compensation to non-EU passengers
AirHelp wins Aeroflot case, upholding air passenger rights
Aeroflot refused to pay flight cancellation compensation to their passengers, arguing that they were not EU citizens, and that Aeroflot was not an EU airline.
AirHelp brought the case to the Italian Justices of Peace on the behalf of the passengers, arguing that the flight departed from the EU and therefore falls under regulation EC 261. Aeroflot tried to deny the jurisdiction in front of the Italian Supreme Court.
AirHelp won the case, meaning Aeroflot will have to pay their passengers the compensation they’re rightfully owed according to EC 261.
Rome, 13 January 2022. Aeroflot, a Russian flagship carrier, was ordered by the Justice of the Peace in Rome to pay €400 in compensation to each of their passengers. The case was then brought to the Italian Supreme Court, who further backed this decision by ruling that the jurisdiction for compensation will be determined based on the departure point, and not on where the airline is registered.
On 3rd of June 2019, a flight departing from Milan, Italy, bound for Saint Petersburg, Russia, was canceled, delaying many passengers, the majority of which were Russian citizens. Though the flight cancellation qualifies for compensation according to the European air passenger regulation, EC 261, Aeroflot refused to pay passengers who were affected. The airline argued that they were not an EU registered airline, and that their passengers were not Italian citizens, and therefore are not legally owed compensation. They maintained that their case falls outside of the jurisdiction of EC 261.
2 cases filed separately
To protect passenger rights, AirHelp initially filed two separate cases in front of the Justice of the Peace in Rome in 2020 on behalf of Aeroflot’s Russian passengers. AirHelp maintains that since the flight departed from Italy, the flight falls under Italian jurisdiction, and that the passengers are therefore entitled to compensation under the EU regulation, EC 261.
The Justice of the Peace ruled in favor of AirHelp, but Aeroflot challenged the decision in front of the Italian Supreme Court (United Sections Supreme Court of Cassation). According to the provision issued by the United Sections Supreme Court of Cassation in both cases, in case of flight disruptions, the jurisdiction will be identified based on the place of departure, where the passenger signed the transport contract with the airline. In this case, it meant that since the flight departed from Italy, the case falls under Italian jurisdiction and therefore must abide by EC 261. This means that all its passengers, regardless of their citizenship, are eligible to receive compensation. The ruling took place on the 10th of November 2021.
Safeguarding global air passenger rights
The Aeroflot case is yet another milestone for AirHelp, who, as a company, puts themselves at the forefront of safeguarding air passenger rights globally. Christian Leininger, a legal expert at AirHelp comments on the case: “EC 261 provides clear guidelines over which passengers are entitled to flight compensation. For heavily delayed or canceled flights departing from the EU, whether they are an EU carrier or not, passengers can qualify for compensation regardless of whether they are an EU citizen or not. It doesn’t matter where you’re from — everyone can get compensation and are protected by EC 261 equally, as long as the airline was found to be at fault for the disruption.”
This win is not only good news for AirHelp and the passengers affected, but also sets a precedent for every passenger departing from an EU airport. EC 261 as a regulation, is meant to keep airlines accountable and maintain a high standard of service and protect passengers flying from or within EU air space. AirHelp will continue to stand for consumer and air passenger rights at court, whenever needed.