Compensation claim in case of a “more than negligible” preponement of a flight
29 Juni 2015
On 9 June 2015, the 10th Civil Senate of the German Federal Supreme Court (Bundesgerichtshof, BGH) passed a judgment by consent whereby the Defendant aviation company was ordered to pay to each of the Plaintiffs 400.00 euros plus interest because their flight from Fuerteventura (back) to Düsseldorf, which was originally scheduled for 5 November 2012 at 5.25 p.m. and was preponed to 8.30 a.m., about which the aviation company had informed the Plaintiffs on 2 November 2012 (docket no. X ZR 59/14). Prior to this, the Senate had set out its preliminary view according to which at least a "more than negligible" preponement of a scheduled flight by the aviation company – like, in the underlying case, of several hours – constitutes a cancellation of the flight which can give rise to a compensation claim under art. 5 para. 1 lit. c in connection with art. 7 para. 1 sent. 1 lit. b Flight Delay Compensation Regulation (Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights).
The press release of the Federal Supreme Court can be downloaded here (in German language).