400 euros for an Amsterdam–Fès flight: Air Arabia Maroc loses case against its passengers
Air Arabia Maroc failed to convince the Dutch courts following a delay to an Amsterdam–Fès flight. The court notably found that the airline could have switched aircraft and faulted it for failing to sufficiently demonstrate that its entire fleet was in use.
The case concerns flight 3O126 between Amsterdam-Schiphol and Fès. Passengers were claiming the compensation provided for under the European regulation on air passenger rights, namely 400 euros per person for this journey.
On Bladi.net : Air Arabia Maroc Flight Delay Strands Passengers for Hours in Oujda
In its decision published by the Dutch courts, the Noord-Holland court examines the measures Air Arabia Maroc could have taken to avoid the consequences of the delay. The judgment was issued on 27 May 2026 and published online on 10 August.
Air Arabia Maroc could have switched aircraft
One factor weighed against the airline. According to the court, it was undisputed that Air Arabia Maroc could have carried out a “swap” of its aircraft registration numbers, in other words, assigned another aircraft to the rotation concerned.
The airline also argued that all the aircraft in its fleet were in use during that day. But the judge considered this claim insufficiently substantiated. Air Arabia Maroc therefore failed to demonstrate that it had genuinely exhausted the reasonable solutions available to avoid or limit the delay.
This point is decisive. An airline can avoid paying compensation when a delay results from extraordinary circumstances, but it must also show that it took all reasonable measures available to it. In this case, the court found that this had not been demonstrated.
On Bladi.net : article 110176
The main claim is therefore granted. For the passengers concerned, the theoretical possibility of changing aircraft ultimately carried significant weight: Air Arabia Maroc could not simply claim that all its aircraft were occupied without providing sufficient evidence to demonstrate it.