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Judgment of the EJC on passenger rights in shipping

Source: pexels, Matthew Barra

Judgment of the EJC on passenger rights in shipping

The European Court of Justice clarified its decision from 2.9.2021 (C-570/19), that passenger would have to be given the choice in the case of a cancellation of whether they want to reach the destination by other means or have the fare reimbursed. In the opinion of the court, the regulation on passenger rights in sea and inland waterway transport (Regulation No. 1177/2010) also guarantees passenger rights even during shipping on the high seas and even when the ship is still in the shipyard.
The judgment was based on a dispute between the shipping company Irish Ferries and the National Transport Authority of Ireland. Irish Ferries had to cancel trips for months between Cherbourg in France and Dublin in Ireland, because an additionally ordered ferry was not delivered in time. Alternative ports or land transport were offered to passengers. According to the ECJ, this was not enough, and Irish Ferries must pay a compensation for the extra time that was necessary for the alternative transport.
The ECJ recognized the legal situation as follows: In case of cancellation of a shipping transport, the passenger has according to Art. 18 of the regulation the right for an alternative transport and according to Art. 19 of the regulation the right for compensation, the amount of which is based on the length of the delay. As an alternative, the passenger can have the fare reimbursed. The fact, that the ship was not delivered in time, does not establish any exceptional circumstances which allows a restriction of the rights of passengers.
The shipping company is now threatened with compensation claims. However, the ruling of the ECJ strengthens the right of the passengers.