Air Arabia Maroc fails to appear in court and must pay 850 euros to a passenger
A passenger on the Lyon–Casablanca flight secured a ruling against Air Arabia Maroc after a delay of more than three hours. The airline had received the court summons but appeared neither in person nor through a lawyer.
The case concerns flight 3O342 to Mohammed-V Airport in Casablanca. Its arrival was scheduled for April 12, 2025, at 12:20 p.m. The 1,747-kilometre journey ultimately ended more than three hours late.
The passenger filed a claim with the Villeurbanne local court on July 31, 2025. He sought 400 euros under the European regulation protecting air passengers, 300 euros for abusive resistance, and 1,000 euros to cover his legal costs.
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Air Arabia Maroc received the summons and signed the acknowledgment of receipt. At the hearing on May 5, 2026, however, the airline failed to appear and did not appoint a lawyer, according to the judgment issued by the Lyon judicial court.
This absence does not automatically result in a ruling against it. Even when a defendant fails to appear, the judge must verify that the claims brought against it are admissible and sufficiently supported.
Air Arabia Maroc fails to justify the delay
The passenger produced his confirmed booking, proving the existence of the contract of carriage. Air Arabia Maroc, for its part, provided no evidence showing that the delay was less than three hours.
Nor did the airline demonstrate that the disruption resulted from an extraordinary circumstance that could not have been avoided despite the implementation of all reasonable measures. The burden of proving this lay with the airline.
The court therefore applies European Regulation 261/2004. It covers flights departing from an airport in the European Union, including when they are operated by a foreign airline and are bound for Morocco. For a journey between 1,500 and 3,500 kilometres and a delay of at least three hours upon arrival, the compensation amounts to 400 euros.
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Air Arabia Maroc is ordered to pay the passenger these 400 euros, plus 450 euros for his legal costs. The airline must also bear the court costs.
The court rejects, however, the additional 300 euros claimed for abusive resistance, due to a lack of evidence of bad faith or malicious conduct. The passenger therefore receives 850 euros out of the amounts directly claimed from Air Arabia Maroc.
