Germany

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German Court challenges EU Regulation on security standards for passports and travel documents

In the case concerned, the claimant had filed for a new passport but refused to provide his finger prints. The city of Bochum has therefore denied the issuance of the passport and the claimant filed a law suit against the city of Bochum before the Administrative Court Gelsenkirchen.

The court has doubts whether

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Germany: lugagge to be carried on a later flight is no legitimate reason to deny boarding

The plaintiff and his companions had booked a holiday package to Curacao. The flight MUC-AMS-CUR was to be operated by the defendant. The passengers' luggage was checked through from MUC to CUR. The flight MUC-AMS arrived in AMS with a delay of 20 mins. Nevertheless, the passengers were able to reach the gate for the connecting flight on time. However, they were denied boarding because it was not possible to transship their luggage in due time and same was to be carried on a later flight only.

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German Supreme Court: no compensation for flight cancellation caused by strike

In two cases the passengers' LH flights from Miami to Germany were cancelled because of a strike of the pilots which followed a call for strike by a pilots' association. In first instance, the courts granted compensation pursuant to Reg. 261/2004. In second instance, the Landgericht Köln dismissed LH's appeal reasoning the a strike of the carrier's own staff could not constitute extraordinary circumstances. In the second case, however, the Landgericht Frankfurt/Main followed LH's appeal and reversed the judgement.

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CJEU: inclusion of flight cancellation insurance as a default setting unlawful when selling air tickets over the internet

A German consumer-protection association has taken proceedings against ebookers.com before the German courts with a view to requiring that company to refrain from automatically including cancellation insurance with the air fare:

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ECJ Advocate General proposes the Court to confirm its "Sturgeon"-Judgement

On May 15, 2012, ECJ Advocate General Bot has delivered his opinion in two pending cases where the national courts sought a review of the "Sturgeon"-Judgement. In this judgement, the Court of Justice had ruled that passengers whose flights are delayed may be treated, so far as the right to compensation is concerned, in the same way as passengers whose flights are cancelled.

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Germany: Supreme Court to hear cases on airline personnel strikes as "extraordinary circumstances"

On June 5, 2012, the German Civil Supreme Court (BGH) will hear two cases involving flight cancellations due to airline personnel strikes. In one case the appelate court (LG Köln) had held that the operating carrier may not refer to a strike of its own personnel as an "extraordinary circumstance", in the other case the second instance court (LG Frankfurt/Main) had decided to the contrary.

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Germany: Fiscal Court decides over VAT on hotel vouchers

In a decsion of Sep. 8, 2011, the German Federal Fiscal Court (BFH) decided that

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German Supreme Court decides on organizer's liability for changing the departure of the return flight to an earlier time

The plaintiff's spouse had booked a one week package holiday to Turkey at EUR 369 per person for the plaintiff and himself. The return flight was scheduled to depart on June 1, 2009, 16:40 hrs. One day before, the organizer changed the departure time to 05:15 hrs and thus the plaintiff and her spouse were to be picked up at the hotel as early as 01:25 hrs. They therefore looked for an alternative return flight which they booked on their own and which departed at 14 hrs.

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German court files reference for ECJ preliminary ruling regarding denied boarding

The plaintiff booked a flight connection from Frankfurt (FRA) via Sao Paulo (CGH) to Santiago de Chile (SCL) for 3.3.2010. The defendant should have operated the flight FRA-CGH whereas the flight CGH-SCL was scheduled to be operated by a different carrier. On 27.2.2010 an earthquake caused severe damages at the SCL airport.

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