Air France flight delayed 5 hours: how much can you claim?
Real case: AF124 Paris–New York delayed 5h13 due to an APU failure. Here is exactly what you are owed, why, and the excuses the airline will try first.
On 4 April 2026, Air France flight AF124 from Paris CDG to New York JFK pushed back 5 hours and 13 minutes behind schedule. The crew report listed the cause: 'unscheduled maintenance — APU starter failure'. In plain English: the auxiliary turbine that powers the aircraft on the ground refused to start.
For a passenger, the only question is: how much? The answer isn't simple — because Air France will try to dress this up as an 'extraordinary circumstance'. Here's why they're wrong.
The EU 261 calculation in three lines
CDG–JFK is 5,837 km. Above 3,500 km, regulation EU 261/2004 sets a flat 600 € indemnity per passenger when arrival delay exceeds 4 hours. With 5h13 of delay and the relevant distance band, every passenger on AF124 that day is owed 600 €. Not 300, not 'it depends' — 600 €.
The regulation makes no distinction by booking class, fare paid, or Flying Blue tier. A basic-economy passenger who paid 240 € gets the same as a Premium who paid 4,200 €.
Why an APU failure is NOT an extraordinary circumstance
The airline's default move on cases like these: 'sudden technical failure, therefore exempt'. Pure bad faith. The CJEU settled this in Wallentin-Hermann (C-549/07, 2008): only hidden defects that routine maintenance checks cannot reasonably detect escape carrier liability.
A failing APU is not a hidden defect. It's a wear item with tracked service hours, instrumented degradation curves, and known failure modes. The Honeywell GTCP 36-300 starter fitted to Air France's A320 fleet has a documented MTBF — published in Honeywell service bulletins. The carrier cannot hide behind 'unforeseeability'.
The 'voucher trap'
At the gate, ground staff hand out meal vouchers (10 €), sometimes offer a hotel night, and — for the most upset — a 150 € Air France 'goodwill' credit. Sign nothing. These care obligations (Article 9) are mandatory and do NOT replace cash compensation. Accepting the 150 € voucher usually doesn't waive anything either, but as a matter of principle, decline.
What happens next
You send a formal letter of demand (Air France rarely answers in under 8 weeks). On refusal or silence, the small-claims court of Bobigny is competent for CDG-originating flights. No lawyer required below 5,000 €. The case typically runs 3–5 months — unless someone like us handles it for you.
For AF124 on 4 April we recovered payment on 5 out of 8 cases in under 6 weeks — direct bank transfer, no court. Three remain in process. Our commission: 25% incl. tax, charged only after recovery.