A claim for compensation for a delayed flight is time-barred after one year

By resolution of March 17, 2017, taken in a three-person squad (file number: III CZP 111/16) the Supreme Court dispelled doubts as to the limitation of the right to compensation for delayed flight.

According to Art. 7 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding or cancellation or long delays, passengers whose flight has been canceled may apply for compensation in lump sum – irrespective of the amount of damage suffered. However, the Regulation does not regulate the issue of limitation of the aforementioned claim. Consequently, the Supreme Court has been asked a question on this subject. The Supreme Court has ruled that the provisions of the Civil Code are applicable in this respect, and therefore claims for damages against air carriers are time-barred, in accordance with Art. 778 k.c.