Federal Court Flight

Lawyer Auer Witte Thiel to a BGH judgment on the subject of flight cancellation Munich, in August 2010: When a flight was cancelled because of fog passengers are not entitled to compensation according to article 7 of the EU passenger rights regulation, report the lawyers Auer Witte Thiel. The airline, however, offered a substitute flight only two days later, may be entitled to such compensation on the basis of article 8 may same regulation, Auer Witte Thiel summarizes a new judgment of the Federal Court. Here follows long-standing procedures to achieve this success. The travel law expert Auer Witte Thiel inform about details of the recent decision (AZ: XA ZR 96/09). Background of the procedure according to Auer Witte Thiel is a flight booked by the plaintiff from Jerez de la Frontera (Spain) to Hahn airport. The departure scheduled on October 25, 2007 at 10: 00 has been cancelled due to fog in Jerez. The planned machine landed instead in Seville and flew back from there directly to the tap.

For an appointment two days later a replacement flight information Auer Witte Thiel was the plaintiff to offered, he refused. At another airline, he booked a flight via Madrid to Frankfurt am Main, Germany on October 25, however, still so Auer Witte Thiel. The plaintiff now requires compensation for himself and his wife in the amount of 400 euros each, in accordance with article 7 para 1 of the EU passenger rights regulation and reimbursement of additional costs specifically for the otherwise booked flight according to Auer Witte Thiel. It would have been possible and reasonable of the defendant airlines, to transport the passengers concerned by Jerez to Seville and from there by plane to fly to tap Auer Witte Thiel summarizes the position of the plaintiff. The District Court of Simmern rejected the claim essentially according to Auer Witte Thiel, while largely upheld the higher regional Court Koblenz of complaint.