The Court of Cassation strengthens the rights of Belgian air passengers

The Court of Cassation recognizes that the non-payment of compensation due to an air passenger constitutes a crime and is therefore subject to a limitation period of 5 years. Many Belgian travelers or travelers traveling from or to Belgian airports can now reopen their file. Good news at the end of the summer period when air traffic is resuming *.

Brussels, August 30, 2021 - Good news for Belgian air passengers. Whether they are travelers of Belgian nationality, foreign travelers departing or arriving in Belgium, everyone can rejoice in a historic Belgian Court of Cassation decision rendered this summer which significantly strengthens their rights.

Following legal proceedings initiated by AirHelp for two passengers affected by a plane delay of more than 8 hours - the Belgian Court of Cassation noted that the non-payment of compensation owed to a passenger by the airline constitutes a crime and is subject to a limitation period of 5 years.

According to the Court of Cassation, “by virtue of article 32, paragraph 1, of the law of June 27, 1937 revising the law of November 16, 1919 on the regulation of aviation, as amended by the law of 15 May 2006 laying down various measures relating to transport and as applicable in the present case, in the event that this law does not provide for a special penalty for "infringements of the regulations of the European Community relating to civil aviation", they will be punished by imprisonment of eight days to one year and a fine of two hundred euros to four million euros, or one of these penalties only. "

“This is a crucial decision for Belgian air passengers. Indeed - all those who have not received a positive response following their request for compensation for a delay or cancellation of a flight of less than 5 years can now appeal in criminal law to the judge of investigation against the airline and its CEO.

Attention, however: if no claim for compensation has been filed, the limitation period remains 1, the crime of non-payment of compensation duly claimed cannot be constituted ”, explains Jeroen De Man, lawyer. of AirHelp in Belgium.

“It has been 17 years since the EC261 regulation has governed the rights of air passengers in Europe, and gives them the right to financial compensation in the event of a significant flight delay or cancellation. Unfortunately, it has also been 17 years since some airlines systematically refuse it to their passengers. We hope that this decision of the Belgian Court of Cassation, in particular because of the risk of imprisonment for airline managers, will definitely convince these most recalcitrant companies to comply with the law. On the other hand, we expect that many passengers will reopen their compensation file to get what is legally owed to them, ” explains Alice Mariscotti-Wyatt, spokesperson for AirHelp.

Reminder of passenger rights

In the event of a flight delay or cancellation and in the event of denied boarding, passengers may claim compensation ranging, depending on the circumstances, up to € 600 per person. To be eligible, the departure airport must be located in the European Union or, in case of arrival in the EU, the relevant airline must be based in the EU. The right to financial compensation must be claimed within three years from the date of the flight delay.

On the other hand, exceptional circumstances beyond the control of the airline, such as storms or medical emergencies, allow it to be exempted from the obligation to compensate air passengers.

If a passenger is stranded at an airport for more than two hours, the airline is also required to provide them with meals, free drinks, access to means of communication and even accommodation, if necessary.

* According to the data of AirHelp between 1 July and August 15, Brussels Airport welcomed 6367 flights (against 12,115 in 2019).