New EU261 ruling on connections means you could be due compensation

The rules around EU261 / EC261 compensation for delayed, cancelled or downgraded flights continue to evolve as case law sets new precedents on what is and is not included.

The Court of Appeal has now issued a binding judgement – subject to any final appeal by Emirates – on how compensation must be paid if your connecting flight is delayed.

If you have been denied compensation for a flight delay caused by a missed connection at any point in the last six years, you should now be revisiting your claim.  You may be due up to €600.

The Court of Appeal verdict clarifies the position when:

you are flying FROM an EU airport (inbound flights do not count)

and connecting to a second flight at a non-EU airport

The most common scenario here would be someone travelling on Emirates, Etihad or Qatar Airways who is required to change planes in Dubai, Abu Dhabi or Doha.

The CAA summary of the verdict is here.

Here is my summary of the summary.

The case actually involved two separate flights and two different groups of passengers, which the Court of Appeal chose to hear as one case.

Case 1 involved a woman who flew to Bangkok on Emirates.  Her flight from Manchester to Dubai landed 3 hours late.  She missed her connection to Bangkok and eventually arrived 13 hours late.   Emirates offered €300 compensation based on a 3 hour delay, instead of the higher €600 due for a 4+ hour delay.

Case 2 involved a family flying to Sydney on Emirates.  Their flight from Manchester to Dubai landed 2 hours late.  They missed their connection to Sydney and eventually arrived 16 hours late.  Emirates offered no compensation, on the basis that a 2-hour delay does not qualify.

The Court of Appeal decided that Emirates was wrong to refuse to pay €600 compensation even though the second flights were between two countries outside the EU and were operated by a non-EU airline.

Emirates still has an option of appealing so this may not be the end of the matter, although the decision seems clear cut.  For clarity, your flight needs to be on one ticket for compensation to kick in.  You would not be due anything if you missed a connection on a separate ticket.

Because you have six years to claim EU261 compensation, you may now find that you can successfully claim for a delayed connecting flight as long ago as 2011 even if your previous claim was rejected.

What is not clear, interestingly, is whether this judgement applies in reverse.  If your flight from London to Dubai is 3 hours late but you still make your connecting flight, and arrive at your final destination on time (or less than 3 hours late) can the airline now refuse to compensate you for the original delay?  Logically they probably can, although you could then argue that it is unfair to pay people whose trips ended in Dubai compared to those travelling onwards ….

How to earn Emirates Skywards miles from UK credit cards (December 2024)

Emirates Skywards does not have a UK credit card.  However, you can earn Emirates Skywards miles by converting Membership Rewards points earned from selected UK American Express cards.

Cards earning Membership Rewards points include:

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• The Platinum Card from American Express (review here, apply here) – sign-up bonus of 50,000 Membership Rewards points converts into 37,500 Emirates Skywards miles

• American Express Rewards credit card (review here, apply here) – sign-up bonus of 10,000 Membership Rewards points converts into 7,500 Emirates Skywards miles. This card is FREE for life.

SPECIAL OFFER: Until 14th January 2025, the sign-up bonus on ‘free for a year’ American Express Preferred Rewards Gold is increased to 30,000 Membership Rewards points. This converts into 22,500 Emirates Skywards miles. Click here to apply.

SPECIAL OFFER: Until 14th January 2025, the sign-up bonus on The Platinum Card from American Express is increased to 80,000 Membership Rewards points. This converts into 60,000 Emirates Skywards miles! The spend requirement is changed to £10,000 in six months for this offer. Click here to apply.

Membership Rewards points convert at 4:3 into Emirates Skywards miles which is an attractive rate.  The cards above all earn 1 Membership Rewards point per £1 spent on your card, which converts to 0.75 Emirates Skywards miles. The Gold card earns double points (2 per £1) on all flights you charge to it, with any airline.