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.