On 30 October 2025, the Court of Justice handed down its judgment in Case C‑558/24, Corendon Airlines Turistik Hava Tasimacilik AS v Myflyright GmbH, on the interpretation of Article 5(1)(c) and Article 7(1) of Regulation (EC) No 261/2004. The request has been made in proceedings between Corendon Airlines Turistik Hava Tasimacilik AS (“Corendon Airlines”) and Myflyright GmbH (“Myflyright”), a company providing legal assistance to air passengers, concerning a claim for compensation brought on the basis of Regulation No 261/2004 following a long delay of a flight in arrival at its final destination.

Four air passengers with a booking confirmation from Corendon Airlines for a flight departing from Munich at 10:20 (local time) and arriving in Antalya at 14:20 (local time) received, on the day before their departure, a new booking confirmation for that flight from the tour operator concerned, informing them that the scheduled departure time of that flight was postponed to 11:20 (local time), which would have resulted in the arrival time being postponed to 15:20 (local time). The flight, however, did not depart until 14:37 (local time), so that the passengers in question finally arrived at their destination at 18:16 (local time). Myflyright therefore, to which those passengers assigned their rights to compensation, brought an action before the Amtsgericht Erding (Local Court of Erding) seeking compensation according Regulation No 261/2004.

Since that court upheld such action, Corendon Airlines brought an appeal before the Landgericht Landshut (Regional Court of Landshut; the “referring court”) which, in light of the need to interpret the relevant European legislation, decided to stay the proceedings and to ask to the Court of Justice whether Article 5(1)(c) and Article 7(1) of Regulation No 261/2004 must be interpreted as meaning that, in the event of postponement of the departure and arrival times of a flight, announced in advance by an air carrier and accompanied by the issue of a new booking confirmation to the passengers concerned, the duration of the delay in arrival suffered by those passengers must be determined on the basis of the originally scheduled arrival time or the arrival time indicated in the new booking confirmation.

According to the Court, Article 5(1)(c) and Article 7(1) of Regulation No 261/2004 do not preclude the duration of the delay suffered by passengers in arriving at their final destination from being determined on the basis of the time of departure initially agreed between those passengers and the air carrier at the time of the booking of the flight concerned, irrespective of the subsequent unilateral postponements of the departure and arrival times of that flight and of the issue of new booking confirmations by that carrier. To determine the duration of the delay in question on the basis of the arrival time set out in the new booking confirmation, indeed, would amount to allowing the air carrier concerned unilaterally to change, by the mere issue of such a confirmation, the time of departure of the flight, even though that time was contractually agreed between the passengers and that air carrier at the time of the booking.