The plaintiffs had purchased two flight tickets from the defendant who is a commercial airline company. The arrival of the plaintiffs at their destination was delayed by more than three hours and therefore the plaintiffs asked for compensation according to Articles 5 and 7 of the Regulation (EC) No 261/2004 five months after the date of the flight. The defendant refused to pay the compensation claiming that the plaintiffs did not inform her within a reasonable time period. The plaintiffs claimed that Directive (EU) 2015/2302 in Article 14.6 introduced a two-year limitation period for claims and therefore this period should also apply in case of the Regulation.
The Court of First Instance decided that according to existing case law, air passengers must complain within a reasonable time which has been found to be about two months after the incident in question has taken place. The introduction of the Directive did not introduce any new rules with regard to what a reasonable time for complaining to the trader is since even according to Article 13.2 of the Directive, consumers must inform traders without undue delay. In the case in question there seems to be no specific reasons why the plaintiffs informed the defendant five months after the delay. The same was the case under the national legislation before the new Directive. Therefore, the Court did not find reasons for changing the existing understanding on what is a reasonable time period for complaining to the trader, which is within two months.