Flight delay by 3 hours or more - an important decision of the Georgian court
Another significant decision was made by the courts of Georgia with the involvement of Sky Lawyer. The legislation of Georgia recognizes a similar legal act of the EU Regulation # 261, in particular, Order # 122 of July 17, 2012, of the Director of the Civil Aviation Agency. At the same time, EU Regulation # 261 and Order # 122 of the Director of the Georgian Civil Aviation Agency entitles the air passenger to claim compensation from the airline only if the flight was canceled. However, within the EU, the Court of Justice of the European Union has made several precedent-setting decisions, based on which the Court has ruled that flight cancellation and long flight delays (more than 3 hours) are considered equal in terms of compensation for passengers. In both cases, the air passengers are entitled to the fixed compensation from the Airline.
Order # 122 of the Georgian Civil Aviation Agency similarly does not provide for the right to pay compensation to passengers in the event of a long flight delay. In this dispute, Tbilisi City Court has interpreted the provisions of Order # 122 of the Director of the Civil Aviation Agency in such a way that it became possible to grant the passenger the right to compensation in case of a flight delay for 3 hours or more.
It is especially noteworthy that the Court discusses in detail the importance of EU Regulation # 261 and the case-law of the European Court of Justice, as well as fully shares the spirit of the European Courts in interpreting Georgian legal acts, which is particularly important for the introduction of European standards of air passengers rights protection in Georgia. See the court decision here (Georgian only)