Court: British Airways must pay passenger €1,450 for flight delayed by pilot’s illness

A Dutch court has ruled that British Airways must compensate a passenger more than 1,450 euros, plus several years of interest, for a flight that was delayed due to the sudden illness of a co-pilot. The airline argued that the delay fell under "extraordinary circumstances," but the Subdistrict Court for Noord-Holland in Haarlem found otherwise, according to the verdict published on Monday. Just over half of the judgement amount is meant for legal fees and court costs.

The case stems from an incident on February 10, 2019, when the passenger was traveling from O.R. Tambo International Airport in Johannesburg, South Africa, to Amsterdam-Schiphol Airport, with a layover at Heathrow Airport in London. The initial flight, BA54, was delayed after the co-pilot fell ill, causing the passenger to miss his connecting flight. He eventually arrived at his destination over three hours late.

Under European Union regulations, passengers are entitled to compensation for delays exceeding three hours unless airlines can prove extraordinary circumstances. British Airways contended that the co-pilot's illness constituted such circumstances, but the court disagreed.

The Dutch court pointed to a European Court of Justice ruling from last year regarding Portuguese airline TAP, which noted that a crew member’s unexpected absence due to illness or death is a normal risk for an airline. “It follows from this that air carriers will always be liable for compensation in the event of cancellation or long delays due to ‘non-extraordinary’ causes,” the Subdistrict Court ruled.

Staffing challenges are part of normal operations, and the court noted that extraordinary circumstances refer to events that are not typical of airline operations and which are beyond an airline's control. In this case, the court determined that established case law shows that the absence of a crew member due to illness is a foreseeable issue for airlines, and therefore does not exempt them from liability for delays.

The court ruled in favor of the passenger, awarding him a total of 708.90 euros. This amount includes 600 euros for the delay, 108.90 euros for collection costs, with statutory interest charged on top of this for the years since the flight. Additionally, British Airways was ordered to cover the passenger’s legal fees, totaling 745.89 euros, along with any additional costs incurred.

The case was heard on August 30, and the verdict was handed down on October 9. It was published by the court on Monday.