Compensation for Delays in Individual Flight Segments

Guiding Principle: Passengers are entitled to compensation for delays in individual flight segments, even within complex travel itineraries.
Case Text:
AG Nuremberg, Judgment of 24 March 2023 – 22 C 6651/22
A case addressed claims for delays across multiple flights within a travel itinerary. The court ruled in favor of the plaintiff, emphasizing that delays in individual segments must be treated independently, especially when the itinerary involves significant layovers for personal or organizational reasons.

Compensation for Canceled Outbound Flights Despite Issues with Return Flights Guiding Principle

Airlines are liable for the cancellation of outbound flights, even if return flights are canceled due to extraordinary circumstances.
Case Text:
AG Königs Wusterhausen, Judgment of 13 June 2023 – 4 C 2578/22 (2)
This case involved a claim against an airline for compensation for a canceled flight from Berlin to Marseille. While the return flight was affected by extraordinary circumstances, the court determined that the outbound flight was canceled due to operational decisions. The airline was ordered to pay €250 plus interest.

Priority for Passengers with Reduced Mobility Guiding Principle

Airlines must prioritize passengers with reduced mobility to prevent missed connections and are liable for resulting delays.
Case Text:
BGH, Judgment of 20 June 2023 – X ZR 84/22
The court ruled that airlines are responsible for significant delays if they fail to prioritize passengers with reduced mobility, leading to missed connections. In this case, the plaintiffs, including a wheelchair user, missed their connecting flight from Budapest to St. Petersburg because the airline did not prioritize their disembarkation. The court emphasized the importance of regulations granting priority to passengers with reduced mobility.

Right to Alternative Transport at a Later Chosen Time Guiding Principle

Passengers can request alternative transport at a later chosen time without incurring additional costs in the event of cancellations.
Case Text:
BGH, Judgment of 27 June 2023 – X ZR 50/22
A landmark ruling by the Federal Court of Justice established that passengers are entitled to alternative transport at a later chosen time without additional costs if their flight is canceled. This ruling, based on Article 8(1)(c) of the EU Passenger Rights Regulation, clarified that the alternative transport need not be close in time to the original flight. The case involved disputes over fees imposed by airlines for rebooking during the COVID-19 pandemic. The court ruled in favor of passengers, affirming that no additional charges could be imposed for rebooking.

Compensation for Inadequate Measures During Extraordinary Circumstances Guiding Principle

Airlines are liable for compensation if they fail to take all reasonable measures to mitigate the effects of extraordinary circumstances.
Case Text:
LG Saarbrücken, Decision of 11 July 2023 – 13 S 22/23
In this case, it was ruled that airlines are not liable for compensation if they can prove that a delay or cancellation occurred due to extraordinary circumstances that were unavoidable even with reasonable measures. However, in this instance, a runway closure due to external factors led to criticism of the airline’s reliance on the reopening of the runway and failure to consider alternatives such as bus transfers or substitute crews.
 

Obligation to Check In Despite Knowledge of Delay

Guiding Principle: Compensation claims are valid only if passengers check in, regardless of prior knowledge of significant delays.
Case Text:
AG Cologne, Judgment of 21 July 2023 – 149 C 119/23
A recent ruling dismissed a compensation claim under the EU Passenger Rights Regulation. The main issue was that the passengers did not board the flight in question. The court stated that compensation claims under the regulation apply only to passengers who actually take their flight. Furthermore, it clarified that passengers aware of significant delays must still check in. Since the passengers did not board the flight and there was no evidence that they were aware of the delay, the court found no grounds for compensation.

Obligation to Provide the Earliest Possible Alternative Transport Guiding Principle

Airlines are required to rebook passengers as quickly as possible, even if the delay exceeds three hours.
Case Text:
BGH, Judgment of 10 October 2023 – X ZR 123/22
The Federal Court of Justice recently overturned the decision of the Landshut Regional Court (5 October 2022) and referred the case back for further review. The case concerned a compensation claim filed by the plaintiff due to a flight cancellation caused by extreme weather conditions (blizzard). The affected flight, scheduled from Reykjavik to Munich, was canceled, and passengers reached their destination two days later with an alternative flight. The passengers claimed that alternative transport could have been arranged one day earlier. The appellate court emphasized that airlines must take all reasonable steps to rebook passengers as soon as possible, even if the delay exceeds three hours. The appellate court must now reassess this aspect and issue a new ruling.

Denied Boarding Compensation

Guiding Principle: Airlines must compensate passengers for denied boarding, even if notified in advance, regardless of whether passengers appear at the gate.
Case Text:
CJEU, Judgment of 26 October 2023 – C-238/22
The Court of Justice of the European Union recently issued a significant ruling on passengers’ rights concerning denied boarding and flight cancellations. The case addressed two key questions: First, whether airlines must pay compensation when they notify passengers of denied boarding in advance, even if the passengers do not appear at the gate. The Court ruled that airlines are obligated to pay compensation in such cases. Second, it clarified that the rule excluding compensation for cancellations, when passengers are informed at least two weeks in advance, does not apply to denied boarding. This decision reinforces passenger rights and ensures eligibility for compensation even when denied boarding is communicated early.