Passengers are entitled to compensation if their flight is canceled to prioritize passengers from a previously canceled weather-affected flight.
Case Text:
AG Erding, Judgment of 14 July 2022 – 113 C 4971/21
In this case, an airline was ordered to pay €600 plus interest to a plaintiff representing a passenger whose flight from Munich to Phuket via Abu Dhabi was canceled. The airline prioritized passengers from a flight canceled the previous day due to weather disruptions. The court ruled that while the prior weather conditions might qualify as extraordinary circumstances, the airline’s decision to cancel the subsequent flight to accommodate affected passengers was a standard operational choice, not an extraordinary event.

Passengers are entitled to compensation for delays exceeding three hours, regardless of whether they checked in on time, provided they were transported.
Case Text:
AG Hamburg, Judgment of 29 July 2022 – 48 C 46/22
The court awarded €2,400 plus interest to a plaintiff representing four passengers on a delayed flight from Hamburg to Hurghada. The airline argued that passengers failed to check in on time and that package travel laws applied. The court dismissed these defenses, affirming that the EU Passenger Rights Regulation prevailed and timely check-in was unnecessary if the passengers were ultimately transported.

Airlines cannot deny knowledge of delays that fall within their operational responsibility.
Case Text:
AG Frankfurt, Judgment of 8 September 2022 – 31 C 647/22 (83)
The court ruled that an airline must compensate passengers €1,200 plus interest for a delay on a flight from Frankfurt to Marsa Alam. The airline denied knowledge of the delay, contested the validity of claims, and cited statute limitations. The court dismissed these arguments, emphasizing that the airline’s operational scope made the delay and its cause fully within its knowledge. The claims were deemed valid and not time-barred.

Airlines are liable for compensation if a flight is canceled to prioritize passengers from a previously disrupted flight.
Case Text:
AG Erding, Judgment of 14 July 2022 – 113 C 4971/21
In this case, an airline was ordered to pay €600 plus interest to a plaintiff representing a passenger whose flight from Munich to Phuket via Abu Dhabi was canceled. The airline prioritized passengers from a flight canceled the previous day due to weather disruptions. The court ruled that while the prior weather conditions might qualify as extraordinary circumstances, the airline’s decision to cancel the subsequent flight to accommodate affected passengers was a standard operational choice, not an extraordinary event.

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.

De-icing is not considered an extraordinary circumstance if it is a routine weather-related requirement and does not involve unusual delays.
Case Text:
AG Düsseldorf, Judgment of 18 November 2022 – 37 C 119/22
A court ordered an airline to pay a plaintiff €600 plus interest for delays resulting from a flight from Minneapolis to Düsseldorf via Amsterdam. The delay caused the passenger to miss a connecting flight. The airline argued that the delay was due to de-icing, which it considered an extraordinary circumstance. The court disagreed, stating that de-icing is a routine operation and that the airline failed to account for typical de-icing times in its schedule. The claim that this constituted an extraordinary circumstance was rejected.

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.

Passengers are entitled to compensation if they are not directly and timely informed of a flight cancellation, even if the notification is sent to the travel agent.
Case Text:
CJEU, Decision of 27 September 2022 – C-307/21
The Court of Justice of the European Union ruled that airlines must compensate passengers if a flight is canceled and the passenger is not notified at least two weeks in advance. This applies even if the cancellation notification is sent only to the travel agent who booked the flight, rather than directly to the passenger. The Court emphasized that airlines have the burden of proving that passengers were properly informed. This regulation aims to protect passengers’ rights, even when bookings are made through third parties. Airlines can seek recourse against parties responsible for failing to forward the information.

A bird strike qualifies as an extraordinary circumstance excluding compensation if all reasonable measures were taken.
Case Text:
CJEU, Decision of 3 October 2022 – C-302/22
The CJEU ruled that a bird strike, resulting in emergency braking and tire damage, constitutes an extraordinary circumstance under EU Regulation 261/2004. Airlines are exempt from compensation if they demonstrate that all reasonable measures were taken to minimize delays.

Passengers are entitled to compensation for delays in multi-carrier itineraries if all flights are part of a single booking.
Case Text:
BGH, Judgment of 9 May 2023 – X ZR 15/20
The Federal Court of Justice ruled that flight segments operated by different airlines are considered part of a single journey if booked together. Passengers experiencing delays on one segment are entitled to compensation, regardless of the responsible carrier.