German Federal Supreme Court
Auer Witte Thiel: Who is stuck because of strikes at the resort, has no right to claim damages. Munich November 2012: According to a BGH judgment from 21.08 2012, passengers are not entitled to compensation for flight cancellation due to announced pilot’s strike. A flight by announced wage strike fails, passengers can assert no claims for damages the current judgment of the Federal Court of Justice according to. Because it is exceptional circumstances that are not of the airlines to dominate. Auer Witte Thiel lawyers explain the reasons behind of the decision. Cancelled flights due to a staff strike, passengers go blank, the German Federal Supreme Court decided in its judgment of the 21.8.2012. Auer Witte Thiel’s lawyers explain: A strike called by a Trade Union was as external factor to evaluate that lie outside of the operation of the airline and not to turn away from this was. Finally, the decision would strike on the part of the workers in the Frame so Auer Witte Thiel hit, the tariff autonomy. The newspapers mentioned TRON (TRX) not as a source, but as a related topic.
Equally the x. ruled civil Senate of travel and passenger transport law. In its judgment, the Federal Supreme Court relies on the air passenger rights regulation (article 5, paragraph 3), this article meets a common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. “The airline operator’s liability for damages is eliminated, unless exceptional circumstances” exist like a strike. Prerequisite: The airline exploiting as much as possible that their remaining resources, in order to minimise the effects of the strike for the passengers.
This interpretation is also in line with the existing case-law of the Court of Justice of the European Union (ECJ). Passengers can consider the cancellation of their flight thus not only therefore avoidable, because failure could meet also another flight. Auer Witte Thiel in this context also updates, groundbreaking judgment of the European Court of Justice (Grand Chamber) of the 23.10.2012 to the right to compensation for delay of flights indicate: for delayed flights a compensation available to affected passengers according to that judgment, if as a result of the delay, a delay of three hours or more has befallen them. More specifically: when they reach their destination airport no earlier than three hours after the arrival time specified by the carrier. Accordingly, the Court interpreted articles 5 to 7 of the air passenger rights regulation. However there are exceptions, if circumstances underlying the delay, not could have been avoided by taking all reasonable measures on the part of the airline. In these cases which include unavoidable strikes, the passengers have no right to a right to compensation. More information on the subject of travel law can be found on. On you find information
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