Can a child’s flight compensation claim be assigned without court permission?
As a rule, a court’s permission is not needed to assign a child’s flight compensation claim. The Supreme Court explained that a parent may assign, on the child’s behalf, a flight compensation claim arising under EU Regulation No 261/2004 to a claims recovery provider if the agreement does not put the child’s assets at serious risk.
What was the dispute about?
Flagito OÜ claimed a total of 32,300 euros in compensation from air carrier SmartLynx Airlines for delayed flights of 72 passengers. Some of the claims concerned children, whose compensation claims had been assigned by their parents to the claims recovery provider. The airline argued that, under the Family Law Act, the parents should first have asked the court for permission, because the provider charges a 30% fee that reduces the child’s assets.
What did the Supreme Court say?
The Supreme Court did not agree with the airline. Court permission is needed for agreements that may have a significant and long-term effect on a child’s assets. Under Regulation No 261/2004, flight compensation is a fixed claim, usually 250 to 600 euros. If a parent assigns the claim so that the child’s compensation can actually be collected, this may be in the child’s interests even if the service provider keeps part of the amount as its fee.
What does this mean for parents?
A parent does not have to go to court for every smaller fixed compensation claim before assigning it. It is still important to check whether the agreement is reasonable for the child: if the service fee is disproportionately high or the agreement creates another financial risk, the situation may be different.
Q&A: can a child’s claim be assigned without court permission?
As a rule, yes. The Supreme Court found that the ordinary collection of flight compensation is not an agreement that automatically requires court permission.
The practical takeaway is simple: a child’s right to flight compensation should not be left unused just because the claim is small or the airline disputes it. A parent may choose a claims recovery service but should keep the agreement terms and make sure the service is in the child’s interests.