In a recent decision (X ZR 49/07 of 11.03.08) German Civil Supreme Court (BGH) held that in case of flight cancellation or denied boarding a passenger cannot claim for compensation against the tour organizer under Reg. 261/2004. Compensation claims granted by this Regulation were solely directed against the operating air carrier. BGH saw no reason for doubt in so far and therefore no necessity for preliminary ruling by the European Court of Justice.Text of BGH decision avialable in German here>>.
