Flight delay / cancellation with a foreign airline
We will explain how to effectively enforce your claim for compensation for flight delay / cancellation against a foreign airline!
German air travelers not only use the domestic Lufthansa or Condor, but often also fly with foreign airlines. If this results in a flight delay or cancellation, many travelers shy away from asserting their right to compensation of €250, €400 or €600 per person against a foreign airline. Although some of those affected still contact the airline, at least in writing or by e-mail, claims from foreign airlines are often unfounded (recently the alleged exceptional circumstance "air traffic controllers strike in French airspace" was often referred to) or the passenger's payment request is not responded to at all reacted.
At this point at the latest, many travelers will be asked how to proceed. Because the claim to compensation for a flight delayed or canceled by more than 3 hours according to the EU Passenger Rights Ordinance exists mostly in theory - but this alone does not help the passenger to actually receive money from the airline. As a rule, at this point at the latest, it is advisable to commission a lawyer who specializes in flight delays to enforce the claim for compensation, who then, after a solicitor's letter of formal notice, may file a complaint with the competent court. Since the airline is already in default at this point in time, the legal fees incurred are to be reimbursed by the airline.
1. Competent court in actions against foreign airlines
When filing a lawsuit, the responsible court must first be determined - in the vast majority of cases a district court, as the amount in dispute is below the 5.000 euro limit.
The competent court is either at the registered office of the airline (so-called general place of jurisdiction) or alternatively also the court of the place of arrival or departure (so-called special place of jurisdiction of the place of performance according to Art. 5 No. 1 b) EuGVVO). However, since the seat of a foreign airline logically not in Germany, but will be found abroad, and a lawsuit there usually for economic reasons should make little sense, the traveler usually chooses the district court, in whose area of responsibility the arrival or Departure airport lies and sued the foreign airline for payment of the compensation for delay or cancellation.
For example:
Robert L. lives in Munich and has booked a flight from Warsaw to Munich, which is operated by the Polish airline LOT. However, the flight lands in Munich with a delay of 5 hours. There is no exceptional circumstance. Since the flight distance is less than 1.500 km, Robert L. is entitled to a claim of 250, - € due to the delay. Robert L. first sends an email to LOT. There you don't react to your email. Robert L. therefore turns to a lawyer who specializes in flight delays. This asks the airline to pay another € 250 in compensation for flight delays based on the EU Passenger Rights Regulation. However, the airline does not respond to the lawyer's letter either. Robert L. and his lawyer therefore decide to file a lawsuit against the airline. Robert L.'s lawyer can now sue the LOT airline for a payment of € 250 at the court of the arrival airport, here at Munich Airport and thus at the responsible Erding District Court. The Erding District Court then issues a judgment in the proceedings, according to which the Polish airline is obliged to pay the passenger an amount of 3 euros due to the delay of more than 250 hours. The airline is also ordered to pay the passenger's legal fees as well as the legal fees incurred in the lawsuit.
Are you affected by a comparable case and want to enforce your claim for compensation against a foreign airline for the delay or cancellation of your flight? Then please contact our travel law expert, attorney Gabler, for further details and information.
2. Difficulty in filing a lawsuit against a foreign (European) airline
If a foreign (European) airline can be sued in a German court, the lawsuit must first be filed in German (the language of the court is German, Section 184 GVG). Most foreign airlines have now commissioned a law firm in Germany to "process" all legal proceedings for compensation due to delay and cancellation in Germany. These law firms of the airlines are often known and so in many cases the action for compensation can be served directly to this firm. In some cases, however, delivery must also be made abroad. However, the problem can then arise that a foreign airline will refuse to accept service and claim that a translation of the complaint will be sent. According to § Art. 8 Abs. 1 EuZustVO, an addressee can refuse to accept a document if the document is neither in the official language of the recipient country nor in a language he understands and no translation is attached. It therefore sometimes happens that foreign airlines do not want to accept a lawsuit. It then depends on whether the refusal to accept was legitimate or not. If the airline had not been allowed to refuse to accept the lawsuit, the airline will be treated as if the lawsuit had been served. A default judgment is issued in favor of the traveler, which can then be enforced.
The big issue is whether the assumption was rightly or wrongly denied. This has the court to decide.
The assumption can acc. 8 para. 1 EuZustVO be refused by the addressee if the document is neither written in the official language of the recipient country nor in a language which he understands and which is not accompanied by a translation. So it depends on whether the airline "understands the German language". In doing so, it is important to focus on the skills actually available and available in the company. The recipient of an action can therefore reasonably be expected to resort to all possible internal sources. In its assessment of this issue, the court may, for example, turn off whether the website of the airline is offered in German, whether the airline German-speaking support or similar. offering. This should therefore be explained to the court by the traveler as a precautionary measure.
If the court then comes to the opinion that the foreign airline is fluent in the German language, the court issues a default judgment in favor of the traveler.
Robert L. has filed a lawsuit against the LOT for the payment of 250, - € before the AG Erding. The LOT refuses to accept the application written in German. However, as the LOT offers flights for the German-speaking area, the homepage and the online booking process of the LOT is available in German and the LOT also offers an 24-hours telephone customer service, the court is of the opinion that the LOT of the German language powerful and the refusal of acceptance was wrong. The court thus issues a default judgment against the LOT.
Cf. judgment of AG Erding v. 5.12.2013 - 4 C 1702 / 13.
If you have any questions about travel law and flight delays / flight cancellation or need help enforcing your claims for compensation against an airline, our lawyer Michael Gabler will be happy to help!
Dear Sir or Madam,
Can a lawsuit against Tailwind Airlines (based in Istanbul, thus outside the EU) flying from Antalya to Munich also be filed at the destination, ie in Munich?
Many thanks for the information
Kind regards, Sabine Breitfeld