You must lodge a complaint about your flight within two months, according to new judgment

3/20/2018

Up until recently there has been a lack of a clear practice for what is the deadline for when you can lodge a complaint about a flight that has gone wrong. A judgment from the Superior Court is now about to change this.

According to EU’s flight regulation, a passenger might be entitled to between 250 and 600 EUR if a flight is delayed more than three hours or if it is cancelled or if the passenger has not been denied boarding. In order to demand compensation the consumer must lodge a complaint with the airline company.

According to a new judgment from the Superior Court, a consumer might lose their right to compensation if they do not lodge a complaint within a reasonable amount of time. This judgment had to do with travelers who had demanded compensation after two years and three months. In the case in the question, the court felt that too much time had passed until the demand was made, and decided that two months should be considered a reasonable time limit.

-There are already short deadlines for complaints when it comes to baggage delays and damages to baggage, but now travelers also need to be on the alert when it comes to delayed, cancelled or overbooked flights, says Iwona Machocka, legal advisor for the European Consumer Centre Sweden.

The Superior Court also established that if the complaint is submitted two months after the consumer has reached their final destination, an assessment will be made in the individual case whether this person is entitled to compensation. Circumstances that might affect a consumer’s ability to lodge a complaint after the two month deadline has passed might for example be serious illness.

More information

Read more about what applies to delayed flight, cancelled flight and denied boarding the flight.