Judgment_paragraph 42 · WZ v Austrian Airlines AG (C-826/19)

42It would be contrary to the principle of equal treatment to treat a flight diverted to an airport which is not that for which the booking was made but which serves the same town, city or region in the same way as a cancelled flight. Such treatment would, as the Advocate General observed in points 59 and 60 of his Opinion, result in conferring on the passenger of that flight a right to compensation under Article 5(1)(c) and Article 7 of Regulation No 261/2004, including where, at the end of the transfer, the passenger would arrive at the airport for which the booking was made or at any other destination agreed with a delay of less than three hours, while refusing that right to compensation to a passenger whose flight landed at the airport for which the booking was made, even though the latter passenger would have suffered an inconvenience similar to that of the former passenger.