Judgment_paragraph 19 · KU and Others v SATA International – Azores Airlines SA (C-308/21)

19Furthermore, the Court has also held that where, on arrival, passengers suffer considerable delay to their flight, that is to say, equal to or in excess of three hours, they have a right to compensation under Article 7 of Regulation No 261/2004 (see, to that effect, judgments of 19 November 2009, Sturgeon and Others, C‑402/07 and C‑432/07, EU:C:2009:716, paragraphs 60 and 61, and of 23 October 2012, Nelson and Others, C‑581/10 and C‑629/10, EU:C:2012:657, paragraphs 34 and 40). Such a delay does not, however, entitle passengers to compensation if the air carrier can prove that the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken (judgments of 19 November 2009, Sturgeon and Others, C‑402/07 and C‑432/07, EU:C:2009:716, paragraph 69, and of 23 October 2012, Nelson and Others, C‑581/10 and C‑629/10, EU:C:2012:657, paragraph 40).