BGH: When a few minutes are decisive for the compensation payment ...
Sometimes the question of whether or not airlines have to pay compensation under the Passenger Rights Regulation is just a matter of a few minutes. The German Federal Court of Justice dealt with such a case and decided against the passengers. The European Court of Justice already determined a few years ago that the time of arrival is the time at which the first door is opened and disembarkation is possible. Landing is not considered the actual arrival of the aircraft. But what if the passenger believes that he or she arrived more than three hours late, but the airline says that they were just under that time? A case like this was heard before the German Federal Court of Justice under the reference number X ZR 94/20. The plaintiff was a passenger who flew from Bremen to Tenerife. Due to a technical defect, the departure was delayed by around three hours. The arrival, however, was just under this relevant mark. The medium-haul jet was scheduled to reach the parking position at 15 p.m. The airline claims that the plane parked at 25:18 p.m. and the first door was opened for disembarkation shortly before 20:18 p.m. The plaintiff countered that it was only possible to disembark at around 25:18 p.m. Thus, it was a matter of a few minutes that decided whether the compensation had to be paid or not. The Federal Court of Justice ruled that airlines are not obliged to document the exact time the door was opened in the logbook. The submission of this did not provide “any further information” in the proceedings. In such contentious cases, passengers must