Judgment_paragraph 19 · WY v Laudamotion GmbH and Ryanair DAC (C-54/23)

19As is apparent from settled case-law, Articles 5 and 7 of Regulation No 261/2004, read in the light of the principle of equal treatment, must be interpreted as meaning that passengers whose flights are delayed, first, may be treated, for the purposes of the application of the right to compensation laid down in Article 7(1) of that regulation, as passengers whose flights are cancelled; second, they may rely on that right to compensation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier (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, 61 and 69, and of 7 July 2022, SATA International–Azores Airlines (Failure of the refuelling system), C‑308/21, EU:C:2022:533, paragraph 19 and the case-law cited).

WY v Laudamotion GmbH and Ryanair DAC (C-54/23)

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