Fly Ernest compensation: the airline stopped flying in January 2020
Fly Ernest, later renamed Ernest Airlines, was an Italian low-cost carrier headquartered in Milan with its main base at Milan Malpensa. It started out on routes between Italy and Albania, added Ukraine in 2017 and later flew to Romania and Spain too. It no longer operates. In late December 2019 ENAC, the Italian civil aviation authority, announced that the airline's operating licence would be suspended from 13 January 2020 because the required financial guarantees were missing. Ernest grounded its whole fleet on 11 January and never flew again.
If you had a Fly Ernest flight that was delayed, cancelled or overbooked, this page explains what the law said and what can still be done. We review Fly Ernest cases free of charge.
Because it was Italian, Ernest counted as an EU airline. Regulation (EC) 261/2004 therefore covered both its departures from Italy and its return flights from Tirana or Kyiv into Italy.
Long delay
Landing 3 hours or more behind schedule, on the way out or on the way back from Albania or Ukraine.
Flights up to 10 January 2020Cancellation
Including the flights lost when Ernest shut down in January 2020 with only days of warning.
Short noticeOverbooking
Turned away at the gate because too many seats were sold, despite a valid ticket and documents.
Denied boardingExclusions
Outside events such as thick fog at Malpensa or an air traffic control strike. Ernest's money problems were not an outside event.
Extraordinary circumstancesWondering whether your case still has a chance? Enter your Fly Ernest flight and we'll take a look, with no obligation.
What Fly Ernest should have paid
Compensation was a fixed sum based on flight distance, whatever the fare.
| Distance | Fly Ernest routes | Amount |
|---|---|---|
| Up to 1,500 km | Italy–Albania flights such as Milan–Tirana | €250 |
| 1,500 to 3,500 km | Some routes to Ukraine and Spain, depending on the Italian airport: we calculate the exact distance | €400 |
| Over 3,500 km | No Ernest route was this long | €600 |
Every passenger had an individual claim, so four people on a Milan–Tirana flight cancelled at the last minute would have been owed €1,000, plus the cost of the unused tickets. Children with a paid seat counted as adults.
Delayed Fly Ernest flight: what to dig out now
Delays were measured when the aircraft doors opened at the destination. Years later, everything depends on the paperwork you can still find:
- Your booking confirmation, even if you bought through a travel agent.
- Boarding passes, including photos or copies saved on your phone.
- Texts or emails from Ernest about the delay or the January 2020 suspension.
- Proof of payment, such as a card or bank statement.
- Receipts for extra costs, for example a replacement ticket with another airline.
Meals and hotels while waiting
| Flight | Care due after |
|---|---|
| Up to 1,500 km | 2 hours |
| 1,500 to 3,500 km | 3 hours |
| Over 3,500 km | 4 hours |
| 5 hours or more | Option to cancel and get a refund |
Connecting flights
On a single booking, only the delay at the final destination mattered. More on our page about delayed Fly Ernest flights.
Fly Ernest flights cancelled by the 2020 shutdown
For a flight that never left, the airline had to return the fare or offer another flight.
Due on top when notice was under 14 days and the cause lay inside the company.
| Notice given | Compensation |
|---|---|
| 14 days or more | No |
| 7 to 13 days | Yes, if the alternative left more than 2 hours early or arrived 4 hours or more late |
| Under 7 days | Yes, if the alternative left more than 1 hour early or arrived 2 hours or more late |
Package holidays. If your Ernest flight was part of a package, the tour operator is responsible for refunding it. See also our page on cancelled Fly Ernest flights.
Fly Ernest overbooking
The Tirana routes were busy around holidays, and passengers could be left behind despite a valid ticket. Compensation was then due immediately. Read our guide to Fly Ernest overbooking.
Strikes by Fly Ernest staff
A strike by Ernest's own pilots or cabin crew did not get the airline off the hook: the EU Court of Justice treats it as part of an airline's normal business (case C-28/20). A national air traffic control strike, by contrast, was an outside event.
Possible excuses and how much they count
A technical problem arising from routine maintenance remains the airline's own risk.
EU Court of Justice, case C-549/07The suspension stemmed from Ernest's finances: an internal problem, not an extraordinary circumstance.
Fog that genuinely stopped take-offs and landings does excuse the airline.
Who pays now that Fly Ernest has closed
With the airline out of action, refunds and compensation became debts owed by Ernest S.p.A., and passengers have no priority over other creditors. Recovery is therefore uncertain, and we prefer to say so plainly.
How to make a claim
You need to find out who is now dealing with the company's debts. You can also complain to the national enforcement body of the country your flight departed from (ENAC for Italy) or go to court.
We accept the case and assess it for free. If there is a way forward, our lawyers pursue it. You pay only if money comes in: 25% + VAT, leaving you €173.75 of €250 or €278 of €400.
Useful documents
- Ernest bookingConfirmation email or travel agent receipt.
- Passport or IDFor each passenger.
- Proof of paymentCard statement or receipt.
Time limits
The Regulation sets no deadline; the law of the country where you bring the claim decides (EU Court of Justice, case C-139/11). For flights from 2019 or early 2020, time may well have run out in many countries: enter the date and we'll check.
Payment times
With an airline that no longer operates, nobody can promise a date: any payment depends on how the company's affairs are wound up. We keep you posted by email whenever something changes.
Lost bags with Fly Ernest
Lost or damaged luggage fell under the Montreal Convention: a PIR at the airport, then a written claim within 7 days for damage and within 21 days for late delivery.
Fly Ernest at a glance
- Company
- Ernest S.p.A., Milan, Italy
- Base
- Milan Malpensa
- Status
- No flights since 11 January 2020, after ENAC suspended its licence