Air Congo Kinshasa-Brussels delayed: Ethiopian flies the plane, but who pays?

Air Congo, the Democratic Republic of Congo's relaunched flag carrier, opened its first long-haul route to Europe on 1 July 2026: Kinshasa-Brussels, five times a week, on a Boeing 787-8. A detail most passengers won't know: the aircraft and crew belong to Ethiopian Airlines, wet-leased to Air Congo under an ACMI (Aircraft, Crew, Maintenance, Insurance) arrangement. Here is exactly what that changes, and what it doesn't, for your compensation rights if the flight is delayed or cancelled.

A brand-new carrier on a route with two very different legs

Air Congo is the DRC's relaunched national airline, which began operations in late 2024. Its Kinshasa-Brussels service, launched 1 July 2026, is currently its only confirmed long-haul route to Europe. It is sold under the airline's own IATA code (4H), but the aircraft and crew physically operating the flight belong to Ethiopian Airlines. This is a wet lease: Ethiopian supplies the plane, the pilots and the cabin crew, while Air Congo sets the schedule and sells the tickets.

This arrangement is common in aviation, particularly when a young carrier opens a long-haul route before building its own widebody fleet. It has, in principle, no bearing on the safety or comfort of the flight. It does, however, raise a real legal question about who owes you compensation when something goes wrong.

Is your flight covered by EC 261? The direction of travel changes everything

Regulation (EC) 261/2004 applies in two situations under its Article 3: any flight departing an EU airport, regardless of the operating airline, and any flight arriving in the EU from a non-EU country, but only if the operating carrier is a European ("Community") airline holding an EU operating licence. On a route like Kinshasa-Brussels, these two rules do not lead to the same answer depending on which way you're flying.

On the Brussels-to-Kinshasa leg, coverage is beyond dispute: the flight departs an EU airport, and Article 3 sets no nationality condition on the airline for this case. The BRU-FIH distance, roughly 6,300 km, places this route at the top compensation tier: €600 per passenger for a delay of 3 hours or more on arrival, or a late cancellation.

On the return leg, Kinshasa to Brussels, the flight departs a non-EU country. The regulation only applies there if the operating carrier is a Community airline, i.e. holds an operating licence issued by an EU Member State. Neither Air Congo (a Congolese carrier) nor Ethiopian Airlines (an Ethiopian carrier that supplies the aircraft and crew) meets that condition. This direction does not open a right to the fixed EC 261 compensation, but your justified out-of-pocket costs (meals, hotel, transport) remain covered by the Montreal Convention. This is the same pattern already established on this route with other non-EU carriers, covered in our companion route guide on Ethiopian Airlines delayed flights.

A wet-leased flight: who do you actually claim against?

This is the most widely misunderstood part of this case. On the covered leg (Brussels to Kinshasa), many passengers will instinctively write to Ethiopian Airlines, since it is Ethiopian's aircraft and crew that physically operated the flight. That instinct can cost you months.

The Court of Justice of the European Union settled this exact question in the Wirth ruling (CJEU, 4 July 2018, C-532/17): in an aircraft-with-crew lease, the "operating air carrier" liable for compensation is not the party that leases out the plane and personnel, but the one that decides to perform the flight, sets its itinerary, and creates the transport offer.

Applied here: it is Air Congo that decided to open this route, set its schedule, and sells it under its own flight number. Ethiopian Airlines merely supplies the aircraft and crew, without operational responsibility for the commercial decision. It is therefore Air Congo, not Ethiopian Airlines, that owes compensation for a delay or cancellation on the Brussels-Kinshasa leg.

What to do: keep your booking confirmation, which usually carries a note such as "operated by Ethiopian Airlines on behalf of Air Congo" or similar wording. Address your claim to Air Congo regardless, since it remains your contracting party.

Cancelled or denied boarding: your rights on the covered leg

If Air Congo cancels your Brussels-Kinshasa flight and notifies you less than 14 days before departure, you're entitled to the €600 compensation per passenger, plus either a refund of the ticket or rerouting, at your choice. These two rights are cumulative (Articles 7 and 8 of the Regulation). A voucher can replace a cash refund only if you explicitly accept it; you can refuse it and demand a bank transfer.

If you are denied boarding against your will (overbooking) on this same leg, compensation is due under the same conditions, regardless of the operational reason cited by the airline.

Valid and invalid excuses

On the covered leg, Air Congo can only avoid compensation by proving an extraordinary circumstance it could not have avoided, and by showing it took all reasonable measures to limit the consequences.

Valid excuses: extreme weather, airspace closure, air traffic control strikes, bird strikes or runway debris. Even in these cases, the airline must still prove the reasonable measures it took.

Invalid excuses (compensation remains due):

• a technical fault in the aircraft, even unforeseen and even with up-to-date maintenance (Wallentin-Hermann and van der Lans rulings, CJEU)
• delay carried over from the aircraft's previous rotation, unless the airline proves an extraordinary cause further upstream
• a strike by the airline's own staff, or by the staff of the carrier operating on its behalf (Krüsemann ruling, CJEU)
• unavailability of the leased aircraft or its crew, which falls within the airline's own organisation rather than an external cause

Robin des Airs systematically challenges refusals based on false extraordinary circumstances.

Paris, Dubai: not yet a reality

Air Congo has expressed ambitions to eventually serve Paris and Dubai. As of this writing, no launch date has been announced for either destination. Its only genuinely operational long-haul route to Europe remains Kinshasa-Brussels. Don't book on the assumption that a direct Air Congo flight to Paris already exists: it does not, at the time this article was published.

How long do you have to claim?

5 years before French courts for EC 261 compensation, and 2 years for out-of-pocket costs under the Montreal Convention on the return leg. Claim early regardless: the technical data and records held by the airline are only kept for limited periods.

Families: every passenger counts

On the covered leg, compensation is due per passenger, regardless of age. Example: a family of 4 on a Brussels-Kinshasa flight that arrives 4 hours late: 4 × €600 = €2,400 recovered, of which you receive €1,800 (75%) in the amicable phase.

How Robin des Airs helps

Specialist in Africa-Europe corridors, Robin des Airs first identifies the correct debtor (Air Congo, not Ethiopian Airlines, on this route), checks your flight's eligibility, builds the file, sends the claim, and challenges refusals. €0 if nothing is recovered. Robin des Airs buys your claim outright: you receive 75% of amounts recovered in the amicable phase, and 60% if the airline forces us to go to court, with legal fees and costs on us.

Related: Ethiopian Airlines delayed flight compensation, EC 261/2004 regulation summary.