Your plane arrived late
If your flight arrives late, you are entitled to the compensation provided for by European Regulation No. 261/2004 of 11 February 2004, as if the flight had been canceled or if you had been refused boarding (see letter "You are asking for compensation because you were unable to board", page 155).
Indeed, although the hypothesis of simple delay is not referred to in the regulation, this is how the Court of Justice of the European Communities interprets the text, ruling however that the compensation is due only if the delay is at least three hours.
Dear,
On (date), I traveled on flight no (…) which was to take me from (departure airport) to (arrival airport). The arrival was scheduled at (scheduled time), but we only arrived at (arrival time), more than three hours late.
I therefore ask you to pay me the fixed compensation provided for by European regulation n ° 261/2004 of February 11, 2004 in the event of cancellation or denied boarding.
As you are no doubt aware, the Court of Justice of the European Communities (CJEC) ruled that the compensation provided for by this regulation was also due in the event of delay (judgment of the CJEC of 19 November 2009, cases C-402/07 and C-432/07).
(If applicable) I have noted that this delay was due to a failure of the aircraft. As it results from the same decision of the ECJ, the technical problems causing the cancellation or the delay of a flight do not constitute “extraordinary circumstances” likely to exclude your responsibility (judgment of the ECJ of November 19, 2009).
Please accept, Madam, Sir, the expression of my best regards.
(Signature) 45
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