German Supreme Court decides on international jurisdiction for claims under Reg. 261/2004

Plaintiff sued for compensation under Reg. 261/2004 against a US carrier after his flight from FRA to the US had been cancelled due to a technical defect. First instance court (AG Frankfurt/Main) dismissed the claim because of lacking international jurisdiction. The appelate court (LG Fankfurt/Main) reversed the judgement and and granted the claim for which German courts had jurisdiction.Upon further appeal by the defendant airline, the German Civil Supreme Court (BGH) upheld the appelate court’s decision: a claim under Reg. 261/2004 can be filed at the court competent for the airport of departure which was a place of performance.Judgement X ZR 71/10 of Jan. 18, 2011Source: BGH press release 7/2011 of Jan. 18, 2011 (available in German only)

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