Madrid, August, 25th 2025
To the attention of the Customer Service Department of Nesma Airlines:
Subject: Reiteration of claim for cancellation of flight NMA5002 on August 1, 2025 – Rejection of out-of-court offer – Final notice prior to legal action
My wife and me, hereby address you as a passenger affected by the cancellation of flight NMA5002, departing from Madrid-Barajas and bound for Aswan (Egypt), scheduled for August 1, 2025 at 13:40, with an expected arrival time of 19:35.
The aforementioned flight was cancelled mid-route, after take-off and while in transit over the Mediterranean Sea, due to a technical failure involving a generator. This forced the captain to return to the departure airport, landing back in Madrid at 17:58. An alternative flight was offered on August 2, 2025 (MS3211), initially scheduled for 12:45, which also suffered a delay of more than three hours, ultimately arriving at the destination at 21:50 local time.
Recently, we received a response from Nesma Airlines acknowledging the operational incident and offering an out-of-court compensation of €300. Through this communication, both passengers formally reject said offer, as it is clearly insufficient and contrary to applicable law.
In accordance with Regulation (EC) No 261/2004 of the European Parliament and of the Council, and based on the case law of the Court of Justice of the European Union (Judgments C-402/07 – Sturgeon, C-581/10 – Nelson, and C-549/07 – Wallentin-Hermann), we reiterate our right to full compensation of €600 plus the ticket price per passenger, for the following legally substantiated reasons:
1. This is an intercontinental flight exceeding 3,500 km between an EU airport and a third country (Madrid–Aswan: 3,853.01 km).
2. The flight was cancelled after operations had begun, and arrival at the final destination occurred more than 24 hours later than originally scheduled.
3. The alleged cause (generator failure) does not constitute an extraordinary circumstance, as repeatedly interpreted by the CJEU. It is a malfunction related to the normal operation and routine maintenance of the aircraft, which is the direct responsibility of the airline.
Additionally, we expressly denounce that flight NMA5002 took off with passengers on board despite not being in optimal technical safety conditions, as evidenced by the captain’s decision to interrupt the flight mid-route and return to the departure airport. This situation is particularly serious and may constitute a violation of current operational safety regulations, potentially leading to civil, administrative, or even criminal liability.
Therefore, we expressly reserve the right to pursue additional legal actions for the risk to which passengers were exposed, as well as for any moral and psychological damages suffered, under the provisions of the Montreal Convention of 1999, the Spanish Air Navigation Law, and the Spanish Civil Code.
FORMAL NOTICE
In light of the above, and through this out-of-court communication, we formally request that Nesma Airlines, within a non-extendable period of seven (7) calendar days from receipt of this notice, proceed to:
- Pay the legal compensation of €600, in accordance with Article 7 of Regulation (EC) No 261/2004.
- Refund the full ticket price for the cancelled flight.
- Reimburse the documented additional expenses incurred due to the cancellation and delay (accommodation, meals, transportation, etc.), in accordance with Article 9 of the aforementioned regulation.
All of the above is issued with the LEGAL WARNING that if no satisfactory response is received within the stated period, we will immediately proceed to:
- File a formal complaint with the Spanish Aviation Safety Agency (AESA) to initiate the corresponding sanctioning procedure.
- Submit a report to the competent aviation authorities regarding the possible breach of air safety standards.
- Initiate the appropriate legal actions, both civil and, if applicable, criminal, for the damages resulting from the contractual breach and the operational risk to which we were improperly exposed as passengers.
We await a resolution in accordance with the law within the indicated timeframe.
We are attaching the official claim submitted on August 2nd, 2025. If we do not receive a favorable response within the next seven (7) days, we will file a complaint with AESA once the one-month period has elapsed.
