Damages claim against Federal Republic of Germany for missed flight because of long waiting period at security check – Commentary & More News Here

Introduction
Facts
Decision
Comment

Introduction

The Frankfurt Upper Regional Court lately held that if passengers miss their flight in consequence of having to attend a long time for a security check at an airport, they will claim compensation from the Federal Republic of Germany for the additional prices incurred for another flight, offered that the passengers:

• arrived at the check-in desk on time in accordance with the suggestions by the airport; and
• proceeded from the check-in desk to the security check level with out additional delay.(1)

Facts

The plaintiffs claimed compensation from the defendant (the Federal Republic of Germany) because of a missed flight. The defendant organised security checks at Frankfurt Airport.

The plaintiffs needed to fly from Frankfurt, Germany, to the Dominican Republic. The departure time of their flight was 11:50am, boarding opened at 10:50am and the gate closed at 11:30am. The plaintiffs handed the security check too late: boarding had already been accomplished once they reached the gate.

The plaintiffs thus claimed compensation for the prices incurred for the choice flight tickets, in addition to an in a single day keep. In this regard, the plaintiffs claimed that the security check had not been organised sufficiently and that the waiting period had been unreasonably long.

At first occasion, the Frankfurt Regional Court held that the defendant needed to pay compensation to the plaintiffs.(2) The defendant appealed the choice, however with out success.

Decision

The Frankfurt Upper Regional Court held, on enchantment, that the defendant had violated no official duties with regard to the organisation of the security check. In explicit, it had not employed too few employees to hold out security checks.

However, the Court held that the plaintiffs had a claim for damages pursuant to the precept of sacrificial claims, or reasonably, expropriating intervention. Such a claim is feasible if a lawful measure has a direct impact on the authorized place of the proprietor and results in a particular sacrifice, which exceeds the brink of the legally cheap.

In the case at hand, the waiting time at the bags and folks management led to the plaintiffs lacking their flight. Generally, passengers should put together for such controls and issue within the time they take, which will be appreciable. However, the Court emphasised that passengers needn’t put together for any particular size of time, however ought to adjust to the suggestions of the airport operator or the necessities of the airline.

In this case, the plaintiffs had arrived on time. According to the suggestions of Frankfurt Airport for worldwide flights, they need to have been at the check-in desk two hours earlier than take-off. The plaintiffs had handed the check-in level at 9:00am. From there, they’d moved to the security checkpoint after the gate had been introduced and had joined the queue at 10:00am at the newest. At 10:00am, there had been 90 minutes remaining till boarding. The Court was unaware of any components that might point out that this period of time can be inadequate.

The plaintiffs may additionally not be accused of remaining at the check-in desk for too long. The footpath was manageable in quarter-hour. The gate had not been printed on the boarding playing cards and had not been displayed on the airport panels at 9:00am. It thus couldn’t be established that the plaintiffs had wasted their time after checking in.

The determination can’t be appealed.

Comment

This case is fascinating because it provides passengers a possible claim against the Federal Republic of Germany in the event that they miss their flight because of long waiting occasions at the security checkpoint, offered that they arrived punctually to check in, consistent with the time suggestions by the related airport and airline.

In this regard, it’s notable that the Court beforehand denied a damages claim in an analogous case, the place a passenger had missed a flight because of a hand baggage check. In that case, the passenger had arrived solely 55 minutes earlier than take-off and, at most, 40 minutes earlier than boarding at the security checkpoint.(3)

For additional data on this matter please contact Katharina Bressler at Arnecke Sibeth Dabelstein by e mail ([email protected]). The Arnecke Sibeth Dabelstein web site will be accessed at www.asd-legislation.com.

Endnotes

(1) Frankfurt Upper Regional Court, judgment dated 27 January 2022, Ref 1 U 220/20.

(2) Frankfurt Regional Court, judgment dated 5 August 2020, Ref 2/4 O 405/19.

(3) Frankfurt Upper Regional Court, judgment dated 19 January 2017, Ref 1 U 139/15.

I’ve tried to provide all types of information to all of you latest news today 2022 by this web site and you will like all this information very a lot because all of the information we at all times give on this information is at all times there. It is on trending matter and regardless of the newest information was

it was at all times our effort to succeed in you that you just preserve getting the newest information and also you at all times preserve getting the knowledge of information by us for free and in addition inform you folks. Give that no matter data associated to different varieties of information will probably be

made accessible to all of you so that you’re at all times related with the information, keep forward within the matter and preserve getting today news every kind of information for free until as we speak to be able to get the information by getting it. Always take two steps ahead