Hidden defect in the design

The European Court of Justice (ECJ) ruled in case C-411/23 that a hidden defect in the design of an aircraft about which the manufacturer informed about few months in advance may constitute extraordinary circumstances within the meaning of Article 5 (3) of Regulation (EC) No 261/2004.

The case in question pertains a flight from Krakow (Poland) to Chicago (USA) that was scheduled to be operated by an aircraft for which the airline had been notified of a potential defect in the design several months before the scheduled departure. Consequently, several restrictions were imposed on the use of these aircrafts.

Four days prior to scheduled departure, an engine malfunction occurred, which was indeed due to the identified defect in the design. The engine was sent for servicing and due to a global engine shortage, an alternative engine was not available until after the scheduled departure.

As a result, the flight in question had to be operated with an alternative aircraft leading to a three hour delay.

Based on these facts of the case, the operating air carrier was of the opinion that the cancellation was necessary due to extraordinary circumstances and, therefore, refused to pay compensation payments to passengers.

The ECJ determined that the occurrence of such hidden defect in the design that was supposed to be used for the operation of the flight is within the meaning of Article 5 (3) of regulation (EC) No 261/2004 even if the airline had been informed by the manufacturer months before the scheduled departure. Furthermore, the ECJ decided that maintaining a fleet of replacement aircrafts is considered a reasonable measure, provided it is technically and economically feasible, depending on the airline’s capacities.

Don’t hesitate to contact our Aviation Team to learn more about passsenger claims in Austria.