Why airlines can't rewrite the clock - CJEU in Corendon Airlines (C-558/24) on delay calculations

On 30 October, the CJEU delivered its judgment in Corendon Airlines (C-558/24), interpreting Articles 5(1)(c) and 7(1) of Regulation 261/2004, which regulate compensation for flight delays. 

Passengers were notified one day before departure that their scheduled departure and arrival times would be pushed back by 1 hour. On the day of travel, the flight was further delayed, and passengers ultimately arrived at their destination just under 3 hours later than the revised arrival time, but almost 4 hours later than the original schedule. The question referred to the CJEU was on the delay calculation. Should the delay be calculated against the original arrival time or the revised time notified to passengers in advance by the air carrier? 

The CJEU left no room for doubt: The delay must be calculated from the arrival time originally agreed between the parties. In this case, passengers are therefore entitled to compensation. This interpretation aligns with the Regulation's objective of ensuring a high level of consumer protection (para 25). It also prevents air carriers from unilaterally changing departure times from the ones contractually agreed upon (para 26). While advance notice of a  of a 1 hour delay may reduce inconvenience for passengers, it does not change the fact that the flight was postponed and qualifies as a delay in its own right (paras 19 and 27).