Regulation (EC) 261/2004–Compensation for delay, proof of reservation, travelling free of charge or at reduced fare (M1.R M2.R v AAA sp.z.o.o.)
EU Law analysis: The Court of Justice held that a boarding pass may constitute ‘other proof’ within the meaning of Article 2(g) of Regulation (EC) 261/2004 to indicate that the airline or tour operator accepted and registered the reservation such that the passenger is deemed to have a ‘confirmed reservation’ on the flight, absent any special abnormal circumstance. Furthermore, a passenger is not regarded as travelling free of charge or at a reduced fare not directly or indirectly available to the public pursuant to Article 3(3) where a tour operator pays a market fare to the airline, and the package is paid to the tour operator by a third party. In such circumstances, the airline must prove that the passenger travelled free of charge or at a reduced fare. Written by Kathryn Ward, of counsel at DLA Piper UK LLP.