Germany: No Supreme Court decision on compensation for discontinued flight

Plaintiffs had booked a flight from Frankfurt to the Maldives with a stopover in the United Arab Emirates. When they landed in the Emirates the flight was discontinued and they were re-routed and arrived at the Maldives with a delay of more than 30 hrs. The claimed for compensation under Reg. 261/2004. As both first instance (AG Rüsselsheim) and second instance (LG Darmstadt) dismissed the claim they filed a further appeal to German Supreme Court (BGH) in which they explicitly referred to the ECJ’s most recent decision in cases C-402/07 – Sturgeon/Condor and C-432/07 – Böck u. Lepuschitz/Air France (see related news item).However, before scheduled date of Supreme Court’s decison the claim was settled!Source: BGH press release re cases Xa ZR 72/09 and 86/09; text available in German here>>.

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