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Supreme Court of Denmark

Compensation for flight delay 

Case no. 106/2017

Judgment delivered on 23 January 2018

Thomas Cook Airlines Scandinavia A/S
Tina Vestmark Pedersen and others

Airline allowed to deduct compensation already paid by tour operator from the compensation payable by the airline due to flight delay

The issue in this case was whether an airline was allowed to deduct the amount already received by the passengers as compensation from the tour operator from the amount payable for the same flight delay.

The airline paid compensation pursuant to the provisions of an EU Regulation, while the tour operator was required to pay compensation under the provisions of the Danish Package Tours Act.

The Supreme Court held that the respondent passengers would be overcompensated if they were to receive the full compensation under the Regulation in addition to the compensation payable under the Package Tours Act that they had already received. Accordingly, the airline was entitled under the Regulation to deduct the amount already paid by the tour operator according to the Package Tours Act.

The High Court had reached a different conclusion.

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