According to the OLG, the airline explained not clear enough that in the sense of article 5 para. 3 of the EU passenger rights regulation everything was made to prevent the cancellation of the flight. In particular, the airline explained not clear according to Auer Witte Thiel enough why the plane landed in Seville has made no stopover in Jerez after improvement of the weather conditions, to accommodate the waiting passengers. In consequence of the appeal court ruling, the airline has gone according to Auer Witte Thiel in revision. The German Federal Supreme Court (BGH) has lifted the port revision of the plaintiff.
In addition, so Auer Witte Thiel, the appeal of the plaintiff against the first judgment of the AG rejected Simmern, at least insofar as compensation to the required 800 euro. In addition, the BGH has remitted the case to the competent court for a new hearing, inform the travel law expert Auer Witte Thiel. Auer Witte Thiel identifies the reasons for which the BGH decision: the claimant has in accordance with article 5 para 3 of the EU passenger rights regulation not entitled to compensation pursuant to article 7 paragraph 1 of the same regulation. Whether a cancellation would have can be avoid, can be answered after experience Auer Witte Thiel only in individual cases. In the Case prevailed at the time of fog, so was able to land the plane not at Jerez. How long the fog would stop, remained unclear according to Auer Witte Thiel.
In this case, it would be so unwise to push on the decision to cancel, so Auer Witte Thiel to the essence of the judgment. Extent to which the plaintiff is entitled to the additional costs incurred by the cancellation, Witte Thiel not been conclusively verified according to Auer: according to article 8 para 1 of the EU passenger rights regulation passengers are entitled to a re-routing under similar conditions at the fastest possible time. Because the airline only two days later offered a replacement flight the plaintiff, a violation within the meaning of EU passenger rights regulation could be here according to Auer Witte Thiel. The OLG must therefore clarify Auer Witte Thiel according to in a new negotiating whether the airline could return have been transported the plaintiff at an earlier stage to Hahn. About Auer Witte Thiel the Firm Auer Witte Thiel has years of experience in the field of travel law and represents among other things one of the largest European cruise companies. The firm is divided into two different areas of expertise: the firm for Receivables Management and the firm specializing in business law. So the lawyers Auer Witte Thiel in the core areas of rental and real estate law, travel law, press and publishing law, consumer credit law and competition, trademarks are also knowledgeable and experienced in the entire area of demand management. How to contact with Auer Witte Thiel lawyers lawyer Tobias Steiner Bayerstrasse 27 80335 Munich phone: 089/59 98 97 60 fax: 089 / 550 38 71 E-Mail: Web:
