Deciphering Passenger Consent – The ECJ's Latest Ruling On Flight Reimbursement

On 21 March 2024, the European Court of Justice ("ECJ") gave a preliminary ruling on the interpretation and scope of Regulation No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (the "Regulation") in relation to case C-76/23 pertaining to the method of reimbursement following a flight cancellation.

Background to the request for the preliminary ruling

A passenger booked a connecting flight with TAP Air Portugal which was scheduled to depart on 1^st July 2020 from Fortaleza, Brazil to Frankfurt am Main, Germany, with a layover in Lisbon, Portugal. The airline in question however cancelled the connecting flight from Portugal to Germany.