Foreign
THE death of a co-pilot does not exempt an airline from compensating passengers if the flight is cancelled, the European Court of Justice (ECJ) ruled on Thursday.
“Such a death, whilst tragic, does not amount to an ’extraordinary circumstance’ but is, like any unexpected illness which may affect a crew member whose presence is essential,’’ an ECJ press release said.
The case related to a Portuguese airline’s cancelled flight from Stuttgart, Germany to Lisbon in 2019, two hours before departure, when the co-pilot was discovered dead in his hotel bed.
The ECJ also said that crew members, suffering from shock, declared themselves unfit to fly and the flight was cancelled.
A replacement crew later arrived from Portugal and passengers were transported to Lisbon.
The airline later refused to pay passengers who sought compensation, claiming the unexpected death of the co-pilot was an “extraordinary circumstance’’ which exempts the company from the obligation.
The European Union’s top court rejected the argument, finding that the airline had to be prepared for the unexpected absence of one or more indispensable employees due to illness or death.
The case now reverts to the German court system in line with the ECJ’s findings. (dpa/NAN)
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Tags: European Court of Justice
