A flight was canceled a short time prior to the scheduled time due to illness of a crew member.
The Court held that for a flight that was canceled, passengers are entitled to compensation as stipulated by law. The exemption stipulated in the law provides three cumulative conditions - the circumstances of cancellation were out of the control of the airline; special circumstances led to the cancellation; and the airline could do nothing to prevent the cancellation of the flight. Because staff member illness is not a special circumstance that cannot be foreseen or prepared for in advance, the Court accepted the claim and ordered the airline to compensate as prescribed by law.