Air Arabia Maroc must pay €400 to each passenger affected by a major delay on a flight from Amsterdam to Fez, a Dutch court ruled on May 27 in a decision published on Aug. 10.
The case involved flight 3O126 from Amsterdam-Schiphol to Fez, which was significantly delayed, prompting passengers to seek compensation under European air passenger rights rules.
Air Arabia Maroc said that no other aircraft was available to operate the flight. But the District Court of North Holland said the airline had not shown why another plane from its fleet could not have been used.
The court found that the airline failed to prove it had taken all reasonable steps to prevent or reduce the delay.
The ruling makes it clear that airlines cannot simply say all planes were in use. They must show that no suitable alternative was available to avoid or reduce the delay.
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