Time limit for submitting a claim for standard compensation for delayed flights
Supreme Court judgment 14 December 2020, HR-2020-2401-A, (case no. 19-186250SIV-HRET), civil case, appeal against judgment.
Svenn Nilsen (Counsel Christina Doreen Steimler), The Norwegian Consumer Council (third-party intervener) (Counsel Erlend Haaskjold) v. Finnair Oyj (Counsel Runar Hansen, Counsel Aage Krogh), NHO Luftfart (third-party intervener) (Counsel Tage Brigt Andreassen Skoghøy)
Justices: Øie, Noer, Kallerud, Ringnes, Thyness
An air passenger had demanded standard compensation of EUR 600 after a delay in excess of three hours during a journey from Thailand to Oslo, see 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 and of cancellation or long delay of flights (the Air Passenger Regulation), and section 1 of Regulations on air passengers' rights 17 February 2005 No. 141. The claim was submitted in excess of three months after arrival. The Supreme Court found that apart from in cases regulated by law, there is no general notice requirement in Norwegian contract law. After having assessed the considerations justifying such a requirement, the Supreme Court also found that there was no sufficient reason on a non-statutory basis to require a claim in order to receive the standard compensation under the Air Passenger Regulation. The ordinary limitation period for claims was thus applicable. The Supreme Court ruled in favour of the air passenger.