C-263/20 · 2021 · EC 261
Airhelp Limited v Laudamotion GmbH
Bringing a flight forward by more than one hour is a cancellation under Art. 2(l) and Art. 5(1)(c). The Court held on 21 December 2021 that a significantly earlier departure costs passengers the ability to use their time as planned, and that notice sent only to an address generated by a booking platform does not inform the passenger unless they expressly authorised the platform to receive it.
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-263/20
- JUDGMENT
- 21 December 2021
- CITATION
- ECLI:EU:C:2021:1039
What the case was about
A Palma de Mallorca to Vienna flight on 14 June 2018 was moved from 14.40 to 8.25, more than six hours earlier.
The airline had sent notices in May to the reservation specific email address created by the booking platform, and the passengers learned of the change only four days before departure.
What it changed
- The one hour line is the test for a flight moved earlier: more than one hour is a cancellation, one hour or less is negligible.
- It extends Krijgsman to booking platforms: communicating with the intermediary alone is not communicating with the passenger.
- Assigned claims run the same way, so a passenger who signs their claim over loses nothing on the notice rules.
SOURCES
- Case C-263/20 Airhelp v Laudamotion, judgment of 21 December 2021 (ECLI:EU:C:2021:1039) · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 5(1)(c) · EUR-Lex · checked 7 August 2026