Delayed flights are annoying – especially if you miss connecting flights. According to the ECJ, German vacationers can also sue in Germany – even if a flight in another EU country was delayed.
The European Court of Justice has strengthened the rights of travelers on connecting flights. If you are traveling with different airlines, you can decide for yourself whether to sue for compensation at the place of departure or arrival in the event of delays.
For German customers this means: You can also claim compensation before a German court if your flight from another EU country was delayed. This also applies if parts of this trip were handled by foreign partners of the airline booked.
The various flights for a trip must have been booked uniformly, emphasize the EU judges in Luxembourg. In addition, the airline that caused the delay must be based in the EU.
Arrived 13 hours late
In the specific case, passengers had booked transfer flights from Spain to Germany with Air Berlin or Iberia. The first leg was not handled by these airlines themselves, but by their Spanish partner Air Nostrum.
Because this first flight was delayed, the guests missed their connections and arrived in Germany with a delay of 13 hours. They wanted a compensation payment from Air Nostrum and sued in Germany.
The judges in Dusseldorf and at the Federal Court of Justice had doubts as to whether German courts have jurisdiction for lawsuits against an airline that is based in another EU country. The ECJ has now decided: The sections were booked with a provider. This means that he is also responsible for the entire route.
Many airlines block first
Felix Methmann, an expert on passenger rights at the Federal Association of Consumer Organizations, sees the ruling as a relief for passengers. "It is now much easier for consumers to assert and enforce their passenger rights," he says. "Unfortunately, most airlines block it first." The consumer then often has to call in a lawyer or even go to court. "And he doesn’t have to do that in Spain, Italy, Greece or anywhere else, he can do it in Germany now."
