The European Court of Justice ruled yesterday that passengers delayed by airlines will be treated in the same way as those whose flights were canceled.

The court ruled that passengers who reach their final destinations three hours or more after the scheduled time may, like those whose flights were canceled, seek a flat-rate compensation from the airline.

This can range from between €250 and €600 (US$372-$895). The amount of compensation is the same as that for passengers whose flights were canceled. “There is no justification for treating passengers whose flights are delayed any differently when they reach their final destination three hours or more after the scheduled arrival time,” the court ruling said.

Compensation can be denied if the airline can prove the delay was caused by circumstance beyond its control or “which could not have been avoided even if all reasonable measures had been taken.” Technical problems with aircraft are not “extraordinary circumstances,” unless the issue arises from something beyond the airline’s normal operations, the court ruled.

Yesterday’s ruling was a response to the Austrian and German national courts asking for clarification on the reach of the European Union’s air passenger rights policy.

The European Commission, the EU’s executive body, applauded the ruling. “This judgment clarifies even further any ambiguities that may stem from the interpretation of our current rules,” said Vice President Antonio Tajani, commissioner for transport. “Citizens’ rights are being reinforced through this decision.”

IATA called the underlying regulations proscriptive. “This regulation is, as we originally said, ill-conceived, badly drafted, and not the solution for the issue that it is trying to solve,” an IATA spokesman said. Delays are a customer service issue best handled by the airlines, he said. “The market discipline in an intensely competitive industry remains a more effective tool than confusing and complex legislation.”