Airlines must prove that extraordinary circumstances existed and that these could not have been avoided with reasonable measures.
Case Text:
AG Düsseldorf, Judgment of 30 December 2022 – 236 C 116/22
The Düsseldorf Local Court ruled that an airline must compensate a plaintiff €1,200 for delays caused by a flight from Marsa Alam to Düsseldorf, which landed significantly late in Cologne/Bonn. The airline argued that the delay was due to unforeseeable circumstances and slot restrictions. However, the court found that the airline did not take all possible measures to avoid the delay, such as rebooking on alternative flights. The airline was held liable for compensation.