German court asks ECJ to clarify offsetting rules in Air Passenger Rights Regulation

Michael Wukoschitz's picture

A German Regional Court, the "Landgericht Frankfurt am Main", has filed a reference for preliminary ruling to the European Court of Justice asking for interpretation of article 12 of Reg. 261/2004/EC as follows:

  • Does a passenger have a right to full compensation in case of a lengthy flight delay even if a third person (who was not a passenger himself) has paid some kind of compensation to the passenger already - or is such payment to be be set off against the passenger's claim towards the carrier?
  • In case of offsetting: does this apply to damages only or to a price reduction also?

Case details: LG Frankfurt a. M. v. 6.6.2013 - 2-24 S 208/12

X