The Sturgeon ruling explained — 16 years on, still decisive
In 2009 the CJEU rewrote European air law with a bold reading of Article 7 of EU 261. Sixteen years later, it is still the foundation of every delay claim we file.
As originally written, regulation EU 261/2004 compensated passengers for cancellations and denied boarding. For delays, nothing. Article 6 only required care (meals, hotel, communications) — not a cent of indemnity.
On 19 November 2009, the CJEU handed down Sturgeon and Others (joined cases C-402/07 and C-432/07) and changed everything. Two consolidated cases: the Sturgeon family, 25-hour delay on a Condor flight from Toronto, and Stefan Böck/Cornelia Lepuschitz, 22-hour delay on Air France from Vienna.
The legal coup
The Court invoked an equal-treatment principle: a passenger arriving with 3+ hours of delay suffers the same prejudice as a passenger whose flight is cancelled and re-routed. Logical conclusion: they must receive the same flat Article 7 indemnity.
It was an extensive interpretation. The regulation didn't say it. But the Court leaned on recitals 1, 2, 4 and 15 — which speak of 'high level of passenger protection' — and ruled for consumers. Airlines screamed. Too late.
What it changes in practice
Before Sturgeon: a 4-hour delay on Paris–Lyon entitled you to a coffee and an apology email. After Sturgeon: 250 €. For a long-haul (above 3,500 km) arriving 4+ hours late: 600 €.
The 3-hour threshold is measured at arrival, not departure. A subtle detail that changes everything: for fast turnaround flights, an airline can paper over the delay by pushing departure forward and still arriving on time. Sturgeon prevents that.
Airline pushback, and the Nelson confirmation
Lufthansa, IATA and the industry counter-attacked. In 2012, in Nelson and Others (C-581/10 and C-629/10), the CJEU had to choose. It confirmed Sturgeon in full. Settled case law since.
Why it still matters in 2026
Every delay file we open relies on Sturgeon one way or another. It's the cornerstone. National courts follow — including France, where the Cour de cassation adopted it in 2010. Contesting the eligibility of a 3+ hour delay today means denying 16 years of settled European law.
When an airline tells you 'the regulation doesn't cover your delay', ask if they have read Sturgeon. Spoiler: they have. They're just hoping you haven't.