Most passengers associate air travel claims with the fixed compensation amounts of €250, €400, or €600 available under Regulation (EC) No. 261/2004. Few are aware, however, that when an airline’s unlawful conduct causes significantly more serious consequences, additional compensation may also be claimed under general civil law.

This was confirmed by a final court decision issued after nearly three years of litigation conducted by the team at Petkov Legal, led by Attorney Stoyan Petkov.

The case has become particularly important in the context of passenger rights in Bulgaria because it demonstrates that an airline’s liability may extend far beyond the standard compensation provided under European law.

The Case

In July 2021, a married couple was preparing for a long-awaited IVF procedure at a specialised clinic in Sofia.

Timing was critical. The medical expert evidence presented in court confirmed that the procedure had to be performed exactly 38 hours after the administration of the hormonal injection. Any delay beyond that point would make the procedure unsuccessful.

The husband was due to travel from London to Sofia in order to take part in the procedure. He arrived at the airport on time and completed all required checks. However, at the boarding gate, he was denied access to the aircraft because he did not have a PCR test.

The contradiction was clear.

Only one day earlier, the airline itself had sent him information stating that family members of Bulgarian citizens could enter Bulgaria without presenting a PCR certificate in advance, provided that they completed a test within 24 hours of arrival or observed the applicable quarantine requirements.

In other words, the passenger had followed the exact instructions provided by the airline.

The airline then rebooked him onto an evening flight scheduled for the same day. That flight was subsequently cancelled.

As a result, he arrived in Sofia one full day later. By then, the IVF procedure, which had required months of preparation and hormonal treatment, could no longer be completed successfully.

From Rejection at First Instance to a Final Court Victory

The first-instance court rejected almost all of the claims.

Its reasoning was that the success of the IVF procedure had not been guaranteed in any event and that there was therefore no sufficient causal link between the airline’s conduct and the damage suffered by the couple.

The legal team at Petkov Legal disagreed and appealed the decision.

Before the Sofia City Court, we argued that the airline could not rely on the absence of allegedly required travel documents when it had itself provided the passenger with information indicating that those documents were not necessary prior to departure.

The appellate court fully accepted this argument and overturned the first-instance judgment.

It held that none of the exceptions under Regulation (EC) No. 261/2004 applied and that the airline could not rely on its own incorrect or misleading communication in order to avoid liability.

The airline then filed an appeal on points of law before the Supreme Court of Cassation.

In June 2026, the Supreme Court of Cassation refused to admit the appeal. The judgment therefore became final.

What Compensation Did the Court Award?

The court awarded the passenger:

  • €400 in compensation for denied boarding under Regulation (EC) No. 261/2004;
  • a further €400 in compensation for the cancelled evening flight;
  • reimbursement of the airfare;
  • reimbursement of the cost of the PCR test carried out at the airport;
  • BGN 2,500 in compensation for non-pecuniary damage, including stress, disappointment, and humiliation caused by his inability to take part in such an important family event.

The court also awarded compensation to the passenger’s wife:

  • BGN 4,807.46 in pecuniary damages for the costs of the IVF treatment, medical examinations, procedures, and medication that had been rendered futile;
  • BGN 10,000 in compensation for non-pecuniary damage arising from the psychological distress and disappointment caused by the failed attempt to have a child.

The total amount awarded exceeded BGN 20,000, together with statutory interest.

Why Is This Decision Important?

The judgment is important not only for the parties involved, but also for passengers more generally, because it confirms several significant legal principles.

1. Compensation Under Regulation 261/2004 Is Not an Absolute Ceiling

The fixed compensation amounts of €250, €400, and €600 are intended to cover the standard consequences of denied boarding, cancellation, or long delay.

They do not necessarily represent the maximum amount that may be recovered.

Where an airline’s unlawful conduct causes additional pecuniary or non-pecuniary damage, further compensation may be claimed under the applicable rules of civil liability.

In this case, the court awarded compensation for both financial losses and emotional suffering.

2. An Airline May Be Liable to Persons Other Than the Passenger

One of the most significant aspects of the judgment is that compensation was awarded to the passenger’s wife, even though she was not a party to the contract of carriage relating to the denied flight.

The court held that where the unlawful conduct of the airline’s employees causes damage to a third party, that person may also be entitled to compensation, provided that the legal requirements for liability are met.

This considerably broadens the practical importance of the decision.

3. “Inadequate Travel Documents” Is Not a Universal Defence

Airlines often rely on allegedly inadequate travel documentation as a reason for denying boarding.

However, the court made it clear that an airline cannot rely on such a defence where it has itself informed the passenger that the relevant document was not required.

An airline that provides passengers with inaccurate or misleading travel information may be held responsible for the consequences.

What Does This Mean for Other Passengers?

Every case depends on its own facts, but this judgment confirms that passenger rights do not always end with the fixed compensation available under Regulation (EC) No. 261/2004.

Where denied boarding, a cancelled flight, or a significant delay causes substantial financial loss or serious personal harm, there may be grounds to claim considerably higher compensation.

This may include:

  • medical expenses;
  • lost bookings or services;
  • additional travel costs;
  • lost income;
  • emotional distress;
  • damage suffered by close family members.

Each case must be assessed individually in light of the evidence and the applicable law.

Have You Been Denied Boarding or Had a Flight Cancelled?

If you have been denied boarding, your flight has been cancelled, or you have experienced a significant delay, it is advisable to have the circumstances reviewed by a lawyer with experience in passenger rights and airline compensation claims.

The team at Petkov Legal provides an initial legal assessment of individual cases and represents passengers both in out-of-court proceedings and before the Bulgarian courts.

The standard compensation available under Regulation 261/2004 may only be the beginning. In some cases, the actual damage may be far greater than the price of the ticket.

Contact the team at Petkov Legal or submit your case through Claimster.bg for an initial assessment – we are efecvely the law firm behind Claimster – it’s our specialised platform dedicated to airline passenger rights and insurance claims.

This article is based on an actual case concluded by a final and binding court judgment. The clients’ names have not been disclosed in order to protect their personal data. The compensation amounts referred to above relate solely to the specific facts of this case. The amount recoverable in any other case will depend on its individual circumstances.