Guiding Principle: Airlines must prove that no reasonable alternative transport options were available to avoid long delays.
Case Text:
BGH, Judgment of 10 November 2022 – X ZR 97/21
The Federal Court of Justice overturned a lower court’s ruling and referred the case back for further clarification. The case involved passengers delayed due to a weather-related flight rerouting, with a subsequent delay caused by a medical emergency during the alternative flight. The court emphasized that airlines must prove that no reasonable alternative options were available. The ruling reinforced the burden on airlines to explore all possibilities to minimize delays.