Can the airline demand to see your passport before paying out your flight compensation?

The short answer is NO. In a decision from January 2020, the Copenhagen City Court ruled that the airline cannot require passengers to report their claims under the Air Regulation in a certain way, nor can the airline demand to receive copies of passports or other ticketing documents.

The Air Regulation does not require air passengers requesting compensation for a flight delay to notify their claim in a specific way.

On the contrary, Article 15 of the Air Regulation states that obligations towards passengers under the Air Regulation may not be limited or waived, for example by a restrictive clause.

Despite this, many airlines require passengers to fill out an electronic form if they want to make a claim under the Air Regulation (e.g. if passengers claim compensation). In some cases, this is a cumbersome process and, worst of all, it is not possible to prove afterwards that the form has been completed and submitted, partly because passengers do not receive a receipt and cannot save the form. This weakens the passengers’ legal position.

However, on January 31, 2020, the Copenhagen City Court ruled that the airline cannot require passengers to fill out a specific form.

Regardless of how passengers make their claim, they are entitled to have the airline process the application for compensation.

Likewise, the court ruled, the airline cannot require passengers to provide copies of passports, tickets and boarding passes.

The decision is fully in line with C-756/18, which states that the Air Regulation, and in particular Article 3(2)(a) thereof, must be interpreted as meaning that passengers who have a confirmed reservation for a delayed flight cannot be refused compensation solely on the ground that they have not proved their presence at check-in, for example by means of boarding cards, in connection with their claims for compensation, unless it is shown (by the airline) that those passengers were not on board the delayed flight concerned.

If you are unsure about your rights, we would be happy to help you.