Following the preliminary ruling of the ECJ in Case C-402/07 – Sturgeon v. Condor, German Supreme Court (BGH) in judgement Xa ZR 95/06 delivered Feb. 18. 2010, granted plaintiffs’ claim for compensation. BGH saw no reason for another reference for preliminary ruling as requested by Condor: there were no doubts that Reg. (EC) 261/2004 was valid and compatible with the Montreal Convention. ECJ had made clear that the Regulation provides for compensation in cases of inordinate delay if interpreted according to the principle of equal treatment.As Condor had failed to prove extraordinary circumstances decision had to made in favour of plaintiffs.Source: BGH press release 40/2010 of Feb 19, 2010. Find full text in German here>>.
