German Supreme Court asks ECJ for interpretation of article 12 of Reg. 261/2004

In a recent reference for ECJ preliminary ruling, the German Supreme Court (BGH) has asked for an interpreation of article 12 of the Air Passenger Rights Regulation 261/2004. This article provides that the Regulation shall apply without prejudice to a passenger’s rights to further compensation but that the compensation granted under this Regulation may be deducted from such further compensation. The BGH has asked the ECJ to clarify whether damages which have been paid to the passenger to compensate him for additional travel expenses caused by the cancellation can be deducted from the compensation pursuant to articles 5 and 7and if so, what are the preconditions for such deduction.Case details: BGH 30.07.2013, X ZR 111/12

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