Internal documentation was sufficient

A passenger had his flight canceled and claimed compensation. The airline denied the claim, claiming they had informed the passenger of the cancellation at least 14 days before departure and did not have to pay compensation.

The burden of proof can be shifted back to the passenger

In this case, the airline was able to prove that the travel agency had sent a message about the cancellation to the passenger's registered email address. The court ruled that the airline's internal electronic registrations and system information were sufficient evidence. The burden of proof shifted back to the passenger, who was now responsible for proving that the notice was not received in time. The court concluded that the airline had met its burden of proof and did not have to pay compensation.

IUNO's opinion

The case shows that the airline's internal documentation can be enough to prove that a passenger has been informed of a cancellation within the time limit.

IUNO recommends that airlines ensure they have documentation that the notification was sent to the passenger's registered email address and that their internal systems can confirm the transmission. This way, the airline can shift the burden of proof back to the passenger and avoid paying compensation.

[Copenhagen City Court judgment of 31 October 2024 in case BS-7325/2021-KBH]