Guiding principle:
Although a passenger can claim both compensation under the Air Passenger Rights Regulation and damages under national law, double compensation for the same damage is excluded. The compensation can be offset against the claim for damages even if it has not yet been paid out.
Judgment summary:
In its judgment of December 4, 2024 (case number 15 S 318/24), the Landshut Regional Court ruled that the compensation under Article 7 of Regulation (EC) No. 261/2004 can be offset against national claims for damages in the event of unjustified refusal of transport, even if the compensation has not yet actually been paid. The aim is to avoid overcompensation of the passenger, as otherwise he would be compensated twice.
In the underlying case, the plaintiff had claimed both compensation of 1,200 euros and additional claims for damages due to frustrated expenses (including hotel costs and transport). The court considered the offsetting of the flat-rate compensation against these specific damage items to be justified, as both claims were intended to compensate for the same damage.
The court based its decision on the principles of balancing benefits in German tort law and on Article 12 of the Air Passenger Rights Regulation, which expressly prohibits overcompensation. The decision is in line with the previous case law of the Federal Court of Justice and the European Court of Justice, which also allowed such an offsetting.
The plaintiff ultimately received 1,920 euros in compensation, with the previously claimed hotel and travel costs being taken into account on a pro rata basis.