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The case established that in 2018. August 18 from Barcelona airport at 19:55. (local time) the flight to Vilnius, which was supposed to take place, was delayed. The aircraft did not take off on time due to a technical failure. The arrival time in Vilnius was indicated on the boarding pass at 00:25. (local time), but the plane landed in Vilnius after more than 20 hours. from the time indicated on the boarding pass, it is written in the press release of the Lithuanian court.
The airline did not present a defense statement within the time limit set by the court.
By issuing a default judgment, the court carried out a formal evaluation of the evidence in the case, that is, it considered that the content of that evidence would justify such a decision.
The right of passengers to receive compensation in the event of a flight delay is governed by February 11, Regulation (EC) No 1/2003 of the European Parliament and of the Council 261/2004. According to the Regulation, an airline is not required to pay compensation if it can prove that the flight was canceled due to exceptional circumstances that could not have been avoided even if all reasonable measures had been taken. In this case, the company did not point out to the court the special circumstances that justify not paying the passengers compensation for the flight delay.
Since the distance between the airports of Barcelona and Vilnius is more than 1,500 km, SJ awarded the airline a compensation of 800 euros and an annual interest of six percent for the amount awarded from the day the case was brought before the courts. The woman was also ordered to pay the costs.
The party against whom the default judgment was entered may not appeal against that judgment, but shall have the right to appeal to the court that issued the default judgment within 20 days of the judgment date.
The plaintiff has the right to appeal to the Klaipėda Regional Court through the Klaipėda District Chamber of the Klaipėda District Court within 20 days from the date of adoption of this decision.
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