C-302/16 · 2017 · UK 261 AND EC 261
Bas Jacob Adriaan Krijgsman v Surinaamse Luchtvaart Maatschappij NV
Telling the travel agent is not telling the passenger. The Court held on 11 May 2017 that the operating carrier pays Art. 7 compensation where the passenger was not personally informed of a cancellation at least two weeks before departure, even though the carrier had told the booking agent in good time and the agent failed to pass the notice on.
REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
- COURT
- Court of Justice of the European Union (Eighth Chamber)
- CASE NUMBER
- C-302/16
- JUDGMENT
- 11 May 2017
- CITATION
- Case C-302/16, judgment of 11 May 2017
What the case was about
Mr Krijgsman booked Amsterdam to Paramaribo through an online agent; the airline told the agent's website of the cancellation on 9 October 2014.
The passenger only received the news on 4 November 2014, ten days before departure, and the airline refused his 600 euro claim.
The agent disclaimed responsibility, saying informing passengers was the airline's job.
What it changed
- Art. 5(4) puts the burden of proving the notice, and when it arrived, on the operating carrier.
- A passenger who booked through an intermediary claims against the airline all the same; the airline's remedy is to recover from the agent under national law.
- Rejection letters pointing at the travel agent describe the airline's problem, not the passenger's.
SOURCES
- Case C-302/16 Krijgsman v Surinaamse Luchtvaart Maatschappij, judgment of 11 May 2017 · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 5(1)(c) · EUR-Lex · checked 7 August 2026