C-395/20 · 2021 · EC 261
EP and GM v Corendon Airlines Turistik Hava Taşımacılık A.Ş.
Postponing a flight by less than three hours, with nothing else changed, is not a cancellation. The Court held on 21 December 2021 that Art. 2(l) and Art. 5(1) do not treat such a postponement as a cancellation, so the cancellation notice rules do not apply to it. Announcing the new departure time several days ahead does not alter the classification.
REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
- COURT
- Court of Justice of the European Union (First Chamber)
- CASE NUMBER
- C-395/20
- JUDGMENT
- 21 December 2021
- CITATION
- ECLI:EU:C:2021:1041
What the case was about
A Düsseldorf to Antalya flight on 18 May 2019 was moved from 13.20 to 16.10, keeping its flight number, and passengers were told nine days ahead.
The flight then left at 17.02 and landed at 21.30, and the passengers claimed 400 euro each under Art. 5(1)(c) and Art. 7(1)(b).
What it changed
- A pure retiming below three hours is analysed as delay, and delay compensation runs on arrival at three hours late, not on the retiming itself.
- The judgment pairs with Airhelp v Laudamotion, decided the same day: moved later by under three hours is not a cancellation, moved earlier by more than one hour is.
- A flight is cancelled where passengers are moved to a flight with different original planning, which a same day retiming of the same flight is not.
SOURCES
- Case C-395/20 EP and GM v Corendon Airlines, judgment of 21 December 2021 (ECLI:EU:C:2021:1041) · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 2(l) · EUR-Lex · checked 7 August 2026