The Story of an Important Legal Victory

There are cases you win for the client. And there are cases you win for everyone who comes after them.

This is the second kind.

Following a three-year legal battle that passed through three court instances, our team, led by Attorney Stoyan Petkov, secured a final judgment against one of Europe’s largest low-cost airlines – in a case that went far beyond the usual “delayed flight – EUR 400” claim.

What Happened

July 2021. A family was preparing for a moment they had been waiting and planning for years – an IVF procedure at a clinic in Sofia.

The date was not arbitrary: in this type of treatment, the timing of the procedure is fixed literally to the minute. The medical expert opinion presented in the case confirmed this unequivocally – the egg retrieval procedure must be performed exactly 38 hours after the hormone injection, and any delay is fatal to its success.

The husband was travelling from London to Sofia to take part in the procedure. He arrived at the airport on time and passed all the required checks. At the boarding gate, however, he was denied boarding because he did not have a PCR test.

The curious detail? Just one day earlier, the airline itself had sent him an email stating that family members of Bulgarian citizens were allowed to enter Bulgaria without a certificate – with the option to take a test within 24 hours of arrival or undergo quarantine.

In other words: the passenger had exactly what the carrier had told him was required.

The refusal contradicted the airline’s own information.

An attempt was then made to salvage the situation – his ticket was rebooked for an evening flight on the same day.

That flight was also cancelled. 

The husband arrived in Sofia a full day late. The procedure, which had been prepared for months through hormone therapy, failed.
 

The Legal Battle: From Complete Rejection to Complete Victory

The court of first instance dismissed almost all the claims.

The reasoning:

The success of the IVF procedure was “not guaranteed” in any event, and therefore there was no causal link between the airline’s conduct and the damage suffered.

We disagreed – and appealed.

The Sofia City Court fully accepted our arguments and overturned the first-instance judgment.

The court accepted what we had maintained from the very beginning:

• the airline could not rely on “inadequate travel documents” when it had itself misled the passenger through its own communication;
• none of the exceptions under Regulation (EC) No 261/2004 applied.

The airline made one final attempt – 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 is final.
 

What the Court Awarded

For the Passenger Who Was Denied Boarding

• EUR 400 in compensation for denied boarding under Regulation 261/2004;
• an additional EUR 400 for the cancelled evening flight – separate compensation added by the court at our request;
• reimbursement of the cost of the airline ticket and the PCR test taken at the airport;
• BGN 2,500 in compensation for non-pecuniary damage – stress, disappointment and humiliation caused by his inability to participate in such an important moment for the family.

For the Wife – and This Is Where the Real Breakthrough Lies

• BGN 4,807.46 in pecuniary damage – all expenses relating to the IVF treatment, examinations, procedures and medication that had gone to waste;
• BGN 10,000 in compensation for non-pecuniary damage caused by the psychological stress and disappointment resulting from the failed efforts to have a child.

Total: Over BGN 20,000, together with statutory interest.
 

Why This Judgment Matters to Every Passenger

1. Compensation Under Regulation 261/2004 Is Not a Cap

The fixed amounts of EUR 250 / 400 / 600 cover only the “ordinary” damage.

Where the consequences are more serious – and life often presents precisely such situations – the passenger is entitled to seek additional compensation under the general rules.

The court awarded compensation for both pecuniary and non-pecuniary damage.

2. The Airline May Also Be Liable to the Passenger’s Family Members

This is the particularly valuable aspect of the judgment.

The wife was not a party to the contract of carriage for the flight on which boarding was denied – and yet the court held the carrier liable towards her in tort under Article 49 in conjunction with Article 45 of the Bulgarian Obligations and Contracts Act.

Where the unlawful conduct of airline employees causes damage to a third party, that person may also seek compensation.

3. “Inadequate Documents” Is Not a Universal Excuse

Carriers often hide behind this exception.

The court, however, stated clearly:

Where the airline itself has informed the passenger which documents are required, it cannot subsequently deny boarding in contradiction with its own information.

Were You Denied Boarding? Was Your Flight Cancelled?

This case demonstrates two things.

First – airlines make mistakes, and not rarely.

Second – it is possible to succeed against them, even when the court of first instance says “no”.

If you have experienced denied boarding, a cancelled flight or a delayed flight, do not settle for a voucher or silence from the carrier.

Your rights under Regulation 261/2004 are only the beginning – and sometimes the actual damage is far greater than the price of the ticket.

Contact us for a free initial assessment of your case – through the contact form of claimster.bg.

We take on the fight. You receive what you are owed.
 

Important Notice

This article is based on a real case that concluded with a final and enforceable court judgment. The clients’ names have not been disclosed in order to protect their personal data. The amounts stated relate to this specific case – the amount of compensation in each individual case depends on its particular circumstances.