Supreme Court, 30 Nov. 2016, n°15-21590 : After reminding that according to the caselaw of the European Union Court of Justice the passengers of a flight with connection undertaken by the same actual carrier are entitled to compensation, on the basis of article 7 of the Regulation n°261/2004, when the flight arrives to final destination with a delay exceeding the scheduled arrival time by three hours, the court of first instance, rightfully, inferred that having sustained a delay of more than three hours at the arrival at Kuala Lumpur, their final destination, Mr. And Ms. Y, were entitled to compensation, irrespective of whether the flight concerned – which constituted the connection of a flight departing from an airport located in the territory of a Member State to which the treaty applies, as per article 3 parag. 1) (a) of the same Regulation, and which delay was at the origin of the missed connection in Dubai – was departing from an airport located in a third country, to an airport situated in another third country and actually achieved by a non-Community air carrier. In a grounded decision, the court has ruled that a technical problem leading to the delay of a flight did not amount to an extraordinary circumstance, unless this problem is the consequence of events, which of their nature or origin, were not inherent to the normal exercise of the activity of the concerned air carrier.
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