Wegener ruling: EC 261 covers non-EU connections on single tickets

The Claudia Wegener v Royal Air Maroc ruling (CJEU, 31 May 2018, C-537/17) is a major expansion of Regulation (EC) 261/2004's territorial scope. It ends a grey zone that allowed many airlines to refuse compensation on multi-leg journeys.

The facts: Berlin-Casablanca-Agadir with missed connection

Mrs Claudia Wegener bought in Berlin a single ticket Berlin-Agadir with connection in Casablanca, operated entirely by Royal Air Maroc (non-EU airline). The first leg (Berlin-Casablanca) departed late. Mrs Wegener missed the Casablanca connection. She was rebooked on a later flight and arrived in Agadir with more than 4 hours' delay.

Royal Air Maroc refused compensation, arguing:

1. The failing portion (Casablanca-Agadir) was not covered by EC 261, as it is operated by a non-EU airline from a non-EU airport.
2. The departure delay (Berlin) was insufficient to trigger compensation.

Mrs Wegener seized the Berlin Regional Court, which referred a preliminary question to the CJEU.

The decision: a single ticket = one journey covered entirely

The Court answers in two decisive points.

1. A connecting journey on a single ticket = indissociable unit

At paragraph 19, the Court sets the principle: a flight composed of two or more legs reserved together must be considered as a single unit for the purposes of the right to compensation. The criterion is the singularity of the booking, not the singularity of the carrier nor the singularity of the geographic zone.

2. The territorial coverage of the Regulation is satisfied

At paragraph 25, the Court specifies: it is sufficient that the journey begins at an EU airport for the Regulation to apply to the entire route, including the portion operated outside the EU by a non-EU airline.

The reasoning: the passenger contracted in Berlin (EU) for transport to Agadir. It is this overall contract that must be fully protected by the European regulation.

3. Consequence: delay assessed at final destination

The Court also confirms (recalling Folkerts) that the 3-hour delay is assessed at arrival at Agadir, not at Casablanca. Mrs Wegener arriving 4 hours late at Agadir, she is entitled to compensation.

Distance and amount

Compensation is calculated on the great-circle distance Berlin-Agadir (~2 850 km), not leg by leg. €400 per passenger (1,500-3 500 km).

Practical impact: African, Asian, South American routes

Wegener is a huge ruling for journeys with non-EU hub. It extends EC 261 to billions of tickets sold each year on this type of pattern:

In short: any intercontinental flight on single ticket departing from the EU is now covered.

The essential condition: single ticket

The ruling insists on the singularity of the booking. If you buy:

• An Air France Paris-Casablanca ticket, AND
• A separate RAM Casablanca-Agadir ticket,

… then Wegener does NOT apply. Only the first (Paris-Casa) is treated as an EC 261-covered flight. The second (Casa-Agadir) is outside scope. Always prefer single ticket on multi-leg journeys.

How to use Wegener in a claim

1. Verify your journey is on a single PNR / one booking.
2. Verify the initial departure is from an EU/EEA airport.
3. Calculate the delay at arrival at final destination.
4. Calculate great-circle distance initial departure → final destination.
5. Address the claim to the contractual carrier (ticket seller) or the failing operating carrier (two options per České aerolinie).

Sample formal letter

"Under the Wegener v Royal Air Maroc ruling (CJEU, C-537/17) and the Folkerts ruling (C-11/11), Regulation (EC) 261/2004 applies to my [EU origin]-[final destination] trip sold on single ticket, including the non-EU portion. My arrival at [final destination] occurred with [X] hours' delay, triggering compensation of [amount] € per passenger."

Summary

To check eligibility of a multi-leg journey, use our simulator or contact us via WhatsApp.

Related articles

• Full CJEU case law on EC 261
• Folkerts ruling: delay at final destination
• Missed connection compensation