Two passengers tried to claim an interest in addition to the compensation they had already received for a delayed flight. The core issue in the case was whether the passengers’ representative had submitted the claim correctly under the Norwegian Interest Act.
Inaction was the deciding factor
Borgarting Court of Appeal, one of Norway’s six regional courts, concluded that the claim did not comply with the Interest Act. The representative had sent the claim to a general email address instead of using the airline's designated contact form. The court emphasised that the airline had never consented to receiving claims via the email used.
Furthermore, the representative did not respond to the airline’s automatic reply to the claim, which referred them to an online form instead. The court ruled that the representative had shown passivity, which was why the case was prolonged. As a result, the airline was acquitted of the interest claim and awarded legal costs. The passengers ended up covering the bill.
IUNO’s opinion
This case demonstrates that passengers and their representatives cannot claim interest if they submit the claim incorrectly and remain passive when notified. IUNO recommends that airlines clearly communicate where and how claims must be submitted. This way, airlines can protect themselves from interest claims.
[Borgarting Court of Appeal judgment of 11 May 2024 in case LB-2023-181690]