C-83/10 · 2011 · UK 261 AND EC 261
Aurora Sousa Rodríguez and Others v Air France SA
A flight that takes off and turns back is a cancellation. The Court held in 2011 that Art. 2(l) covers not only an aircraft that fails to depart but also one that departs and is forced to return, with passengers transferred to other flights. Further compensation under Art. 12 can include non material damage.
REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
- COURT
- Court of Justice of the European Union (Third Chamber)
- CASE NUMBER
- C-83/10
- JUDGMENT
- 13 October 2011
- CITATION
- ECLI:EU:C:2011:664
What the case was about
An Air France service from Paris to Vigo returned to Charles de Gaulle shortly after take off with a technical problem, and passengers were rebooked over the following days.
The Spanish court asked whether that counted as a cancellation, and how far the further compensation clause reaches.
What it changed
- It shut down the argument that a flight which physically departed cannot be a cancellation.
- Art. 12 further compensation can cover non material damage under the Montreal Convention or national law, assessed by the national court.
- Art. 12 cannot be used to recover care costs the airline should have paid under Articles 8 and 9. Those are claimed as care costs.
SOURCES
- Case C-83/10 Sousa Rodríguez v Air France, judgment of 13 October 2011 (ECLI:EU:C:2011:664) · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 2(l) · EUR-Lex · checked 7 August 2026