District Court Frankfurt am Main; Judgment of 09.02.2021 – 30 C 14 / 20-32
The airlines are known for not being happy to pay out claims for damages under the Passenger Rights Ordinance. With great success: Although every traveler is entitled to compensation of up to 600 euros in the event of a flight delay, only very few actually claim this. Most of them let themselves be worn down by the excuses and excuses of the airlines and give up.
For this reason, many lawyers and passenger rights portals have specialized in claiming damages for their customers. For the customers this is usually free of charge or combined with a profit sharing for the portal. The Frankfurt lawyer Mirco Lehr has successfully represented his clients against airlines and tour operators for years. Attorney Lehr has been able to acquire a litigation financier exclusively for his clients, so that the assertion of passenger rights is possible without financial risk.
With a judgment of February 9, 2021, the Frankfurt am Main District Court (30 C 14 / 20-32) ruled that a strike by own pilots would not prevent the airline from paying compensation. In addition, the passengers had to be reimbursed for the cost of the self-organized replacement flight.
This ruling strengthens the rights of travelers and sheds new light on the decision of the Federal Court of Justice of August 21, 2012 (X ZR 138/11). At the time, the BGH ruled that the right to compensation would not apply if a union calls the pilots of an airline to go on strike. Many cases in which compensation payments were rejected on the basis of this decision can now be reopened.
The decision:
1. Even if its own pilots strike, the airline is obliged to make the compensation payment to the passengers in accordance with the EU Passenger Rights Regulation and to reimburse the costs of self-organized replacement transport.
2. The prerequisite for relief after a flight is canceled is that not only an exceptional circumstance is present, but that the air carrier demonstrates and, if necessary, proves that it has taken all reasonable measures to avoid the cancellation or its consequences.
The case:
The Ryanair flight from Athens to Frankfurt am Main on August 10, 2018 was canceled by the airline on the same day. Ryanair did not offer a replacement transport; instead, the passengers had to take care of onward travel or accommodation themselves. The plaintiffs booked an alternative return flight on August 12, 2018 for around € 1,200. In addition, there were hotel costs of € 288.00 and costs for meals of € 90. With the lawsuit, the passengers sought compensation in the amount of € 400.00 per passenger, as well as the costs for the replacement flight, accommodation and meals. Ryanair refused any payment with reference to the BGH ruling from 2021.
The trial
The travelers did not want to let this sit on them. The District Court of Frankfurt am Main has now found you to be right and sentenced Ryanair to pay in full.
In detail, the court stated that it can be left open whether the strike of the Ryanair pilots is to be regarded as an exceptional circumstance within the meaning of Art. 5 Para. 3 of the Passenger Rights Regulation (for example, ECJ judgment of April 17, 2018) . In order to be able to cancel a flight, not only must there be an extraordinary circumstance, but the airline must also demonstrate and prove that it has taken all reasonable measures to avoid the cancellation or its consequences. Ryanair was unable to do so in the present case. The company has not offered a replacement flight and has not stated that it has attempted to find one. In court, Ryanair only argued that reorganizing a flight plan or procuring a replacement flight would be a very high cost. The Frankfurt judges did not accept this and condemned Ryanair in full to pay.
The Frankfurt attorney Mirco Lehr welcomes the judgment of the local court. This effectively strengthened the rights of passengers. Companies that cancel flights for purely economic reasons and leave their own passengers out in the rain must now at least offset the financial consequences of the travelers.
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