Judgment_paragraph 48 · FW v LATAM Airlines Group SA (C-238/22)

48That interpretation is not called into question by the principle of equal treatment referred to by the national court. As the Commission stated in its written observations, that principle, which requires that comparable situations must not be treated differently and that different situations must not be treated in the same way unless such treatment is objectively justified (judgment of 14 July 2022, Commission v VW and Others, C‑116/21 P to C‑118/21 P, C‑138/21 P and C‑139/21 P, EU:C:2022:557, paragraph 95 and the case-law cited), cannot apply in the present case since, as is apparent from paragraphs 45 and 46 above, situations giving rise to denied boarding or cancellation of flights are not comparable in that they have been regulated separately by the EU legislature in Articles 4 and 5 of Regulation No 261/2004 with legal rules that are partly different, such as an exception to the right to compensation provided for in Article 5(1)(c)(i) and not in Article 4(3) of that regulation.

FW v LATAM Airlines Group SA (C-238/22)

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