In response to the notification sent by the plaintiff (passenger), the airline (WIZZ) communicated its refusal to proceed with the payment of the compensation due under the Regulation, citing as the reason for refusal the unfavorable weather conditions for the operation of the flight which would have required the cancellation of the flight.
The defendant’s justification of unfavorable weather conditions for the operation of the flight is unfounded, given that other flights departed the same day from Henri Coandă International Airport.
In addition, the defendant WIZZ has failed to prove that the cancellation was caused by weather conditions which could be classified as extraordinary circumstances as referred to in European legislation.
Thus, according to Article 5(1)(c) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of February 11, 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 261/2004, the cancellation of flights is not justified by the circumstances of the circumstances of the case. 295/91 (which is binding in its entirety and directly applicable in each Member State in accordance with Article 288 TFEU), in the event of cancellation of a flight, passengers must receive compensation from the air carrier WIZZ in accordance with Article 7, subject to the exceptions set out in points (i) to (iii).
In accordance with Article 5(3) of the Regulation, the air carrier WIZZ shall not be obliged to pay compensation under Article 7 if it can prove that the cancellation was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The provisions of Article 7(1)(a) of the Regulation stipulate that passengers are entitled to compensation of EUR 250 for all flights of 1 500 km or less, EUR 400 for all intra-Community flights of more than 1 500 km and for all flights between 1 500 and 3 500 km and EUR 600 for all flights not falling under (a) or (b). In determining the distance, account shall be taken of the destination at which the passenger is expected to arrive after the scheduled time because of denied boarding or cancellation of the flight.
Since the flight from Henri Coandă International Airport (OTP) to G. Marconi Airport, Bologna (BLQ), covers a distance of less than 1500 km, namely 1175 km, the defendant WIZZ is obliged, pursuant to the Regulation, to pay the sum of EUR 250.
Translated with DeepL.com (free version)