Creado 20/03/2011 13:58

Compensation or no Compensation III

As a follow up on the thread of passengers´ rights in cases of flight delay and annulations (Regulation No 261/2004), an important decision has been rendered by the Federal Civil Court (BGH) with respect to enforcing one’s rights.

http://www.trust7....or_no_compensation_ii

The Regulation No 261/2004 is applicable to European carriers. But also non European carriers have to abide by the rules if the departure took place from a European airport. Having rights but facing obstacles in enforcing them is a dilemma. So what if you are flying with a non European carrier and have to enforce your claims against it in court. Where do you have to sue?

In the case before the Court, the plaintiff demanded compensation from an Airline headquartered in the United States. The plaintiff booked the flight in Frankfurt am Main from where the flight was supposed to take off. The flight, however, got cancelled and postponed to the next day.

While the plaintiff lost in the first instance with the court arguing it had no jurisdiction, the appeal process was successful. The Court came to the conclusion that the plaintiff was entitled to sue the airline in the German court. In a nutshell, the Court referred to the place of departure as the decisive factor for determining the venue of action.

(BGH, 18. 1. 2011 – X ZR 71/10)


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