Airlines are not liable for delays caused by air traffic control issues, such as staffing shortages.
Case Text:
LG Frankfurt, Judgment of 16 February 2023 – 2-24 S 120/22
In this case, the Frankfurt Regional Court reversed an earlier ruling that had awarded compensation to passengers whose flight from Frankfurt to Dallas was significantly delayed. The delay was caused by staffing shortages at air traffic control in Langen, which led to a postponed takeoff clearance. The court ruled that such circumstances qualify as extraordinary under the EU Passenger Rights Regulation and are beyond the airline’s control. It also found that subsequent delays caused by a crew change in New York were a direct result of the ATC delay, absolving the airline of liability.