Flight Delay Compensation in Germany

Airline passengers have been provided with effective methods of pursuing compensation claims for flight delays or cancellations under European law. The right to compensation applies to all flights departing from airports located in the European Union, regardless of the airline that is operating the flight, as well as flights to the European Union operated by airlines registered in the European Union.

Problems with enforcing claims may arise when we decide to fly outside the country. Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 does not contain any specific regulations on jurisdiction. For this reason, to determine which court of the country will have jurisdiction in the case, we must use the provisions of Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Recast) of 12 December 2012 (OJ EU.L. No. 351, p. 1).

According to the above, a claim for compensation should be brought before the court of the seat of the airline or, in accordance with Article 7 of Regulation No. 1215/12 in matters relating to a contract, before the courts of the place of performance of the given obligation. The CJEU ruled that Article 5, point 1, letter b), second indent of Regulation No. 44/2001 (currently corresponding: Article 7 of Regulation No. 1215/12) should be interpreted in such a way that in the case of air transport of persons between Member States, performed on the basis of a contract concluded with one airline being the actual carrier, the court with jurisdiction to hear an action for compensation based on the above contract and on Regulation No. 261/2004 is, at the plaintiff's choice, the court in whose district the place of departure is located or the court in whose district the place of arrival of the aircraft, agreed in the contract, is located.

This means that flying with a foreign airline, e.g. from Frankfurt am Main to London, will require exercising rights in Germany (as the country of departure) or England (as the country of arrival) or in the country where the carrier is based (e.g. France). For this reason, passengers often decide to sell their claims at an unprofitable rate or refrain from pursuing them.

We encourage travellers not to waive their right to compensation and other benefits described in Regulation (EC) No. 261/2004 of the European Parliament and of the Council. Practice shows that obtaining these benefits in German-speaking countries, including in proceedings before the Schlichtungsstelle für den öffentlichen Personenverkehr e.V. is possible and relatively quick.

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