Consumer Sales and Guarantees Directive, link Unfair Contract Terms Directive, link Consumer Rights Directive, link

EU consumer law does not prohibit a claim for compensation of air passengers to be assigned to third persons.

During the period of 2017-2019 (2 years), the flights of a natural person, an airline passenger, were delayed by more than three hours. The claimant was assigned compensation based on Regulation 261/2004, but that compensation was given to a third party.

Can a claim for compensation be assigned to third parties?

There is no contradiction between Regulation 261/2004 and restriction on assignment deriving from the Estonian Law of Obligations Act. EU consumer law does not prohibit a claim for compensation of air passengers to be assigned to third persons. The long delay of flights causes the passenger merely financial loss instead of damage to health, respective compensation can therefore be assigned.

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Täistekst: Täistekst

Tulemused puuduvad

Tulemused puuduvad

The judge of first instance considered that an economic compensation attributed to one person (for the delay of a flight) could not be collected by another person. For that reason, the court in second instance dismissed it. Against this sentence, there is a new appeal.