The first decision by the European Court of Justice (ECJ) of 2025 (C-516/23) provides significant clarifications regarding the interpretation of the Passenger Rights Regulation. The preliminary ruling addressed questions concerning the application of the regulation, particularly with respect to reduced fares or those not directly or indirectly available to the public, as well as the temporal connection between a canceled flight and alternative transportation.

The ECJ clarified that passengers do not travel “free of charge” under Article 3 (3), first sentence, first variant, of Regulation (EC) No. 261/2004 if they were required to pay air transport taxes and charges when booking their flight. Taxes and charges are integral components of the ticket and are not excluded from it. A passenger is only considered to travel free of charge if the ticket is obtained without any form of compensation.

With respect to the second variant of Article 3 (3), first sentence, of Regulation (EC) No. 261/2004, the ECJ ruled that a ticket is not considered “not directly or indirectly available to the public” if the ticket was booked as part of a promotional campaign. Such campaigns offering reduced fares, even if limited in time or quantity and directed at a specific professional group, are deemed publicly available.

Conversely, a fare is not considered available to the public if the target group for which it is intended is sufficiently well-defined. A group of healthcare professionals described only abstractly, without detailed reference to specific distinguishing characteristics, and for whom ticket issuance does not require prior individual approval, falls under the definition of a ticket available to the public.

Finally, the ECJ addressed the temporal connection between a canceled flight and alternative transportation under Article 8(1)(c) of Regulation (EC) No. 261/2004. According to the ECJ, no temporal connection between the canceled flight and the requested alternative flight is required. Alternative transportation to the final destination may, subject to seat availability and comparable travel conditions, also be requested at a later time.

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