Flight delay or cancellation
Cass. 1st Civ., 17 February 2021, n° 19-21.362
In the event of a significant delay or cancellation, the air carrier shall be exempt from payment of the lump sum compensation if it proves that it has arrived at the destination as provided for on the air ticket presented at check-in and with a delay of less than three hours.
Extraordinary circumstances
Ministerial decision
Cass. 1st Civ., 17 February 2021, n° 19-21.362
A ministerial decision regulating the night use of Paris Orly Airport does not constitute an extraordinary circumstance.
Strike
CJEU, 23 March 2021, C-28/20
A strike organised by the staff of an air carrier organised within a legal framework does not constitute an extraordinary circumstance likely to free the carrier from the flat-rate compensation provided for in Article 7 of Regulation (EC) No 261/2004.
Calculation of compensation in case of damage to the goods
CA Aix-en-Provence, 4 March 2021, n° 18/03974
In accordance with Article 22-3 of the Montreal Convention of 1999, the compensation due by the air carrier is assessed in relation to all the goods carried and not in relation to that remaining in the event of loss or damage.