ECJ on Air Passenger Rights: Boarding Pass As Proof of a Confirmed Booking

In the present case (ECJ C-20/24) passengers claimed compensation under the Air Passenger Rights Regulation (Regulation (EC) 261/2004) due to a 22-hour delay in the arrival of their flight. According to the provisions of this Regulation, a claim for compensation requires proof of a confirmed booking and timely arrival for check-in.

The passengers submitted copies of their boarding passes as proof of confirmed booking.

The airline subsequently refused to pay compensation on the grounds that there was no confirmed booking and that, without price information, it was unable to verify whether there were grounds for exclusion under Article 3(3) of the Regulation (exception for tickets purchased free of charge or at a reduced fare). In this context, it should be noted that in the present case, the booking was made through a company that paid for the flight directly to the airline on behalf of the passengers at preferential rates. The airline therefore had no knowledge of the price paid by the passengers.

According to the definition set out in Article 2(g) of the Air Passenger Rights Regulation, the booking must be based on whether the passenger has a ticket or other document showing that the booking has been accepted and registered by the air carrier or travel agent. The ECJ requires a broad interpretation of the term in order to ensure a high level of protection for passengers in accordance with the general objective of Regulation (EC) No 261/2004. In this context, the ECJ takes the view that the boarding pass can be qualified as ‘other evidence’ within the meaning of Article 2(g) of the Regulation, showing that the booking has been accepted and registered by the air carrier or tour operator. According to the ECJ, a boarding pass for a specific flight is only issued to a passenger if the passenger is entitled to the carriage service. The boarding pass is issued when the passenger is checked in.

Furthermore, in the opinion of the Court, the purchase of tickets at preferential prices within the meaning of Article 3(3) of Regulation (EC) No 261/2004 does not constitute an exception because the air carrier received a market price. The burden of proof regarding the assertion of the existence of a reason excluding the right to compensation under this provision lies with the air carrier, in accordance with the modalities provided for in national law.