Guiding principle:
Airlines can cancel flights if extraordinary circumstances such as extreme weather conditions affect the flight schedule. They have discretion to minimize the impact on subsequent flights and stabilize the operating mode.
Judgment summary:
In the judgment of September 24, 2024 (case number X ZR 136/23), the BGH ruled that the airline was right to invoke extraordinary circumstances in accordance with Article 5, paragraph 3 of the Air Passenger Rights Regulation. In the specific case, a snowstorm in Stuttgart had led to significant disruptions in the flight schedule. In order to avoid delays and cancellations the following day, the airline canceled the flight from Stuttgart to Hamburg.
The court emphasized that the airline has discretion in assessing appropriate measures. This decision is lawful if it enables the overall operational process to be better guaranteed. Since no faster alternative transport was possible, the plaintiff’s claim to compensation was lost.
The ruling confirms that airlines can take measures to stabilize the flight schedule under exceptional circumstances without automatically being obliged to pay compensation.
BGH strengthens airlines’ discretion in the case of flight cancellations due to exceptional circumstances