Because airlines are reluctant to pay: German courts are “flooded” with lawsuits

Justitia (Photo: Pixabay).
Justitia (Photo: Pixabay).

Because airlines are reluctant to pay: German courts are “flooded” with lawsuits

Justitia (Photo: Pixabay).
Advertising

According to the German Association of Judges, around 2022 lawsuits were filed against airlines in German courts in 70.000 alone. The reasons are mostly the same: Compensation payments according to the Air Passenger Rights Ordinance are rejected or the passenger's claim is simply ignored.

Even before the corona pandemic, the industry was not exactly quick to process claims for compensation and/or damages that had to be paid out to passengers. Depending on the provider, the processing was drawn out or simply rejected across the board and usually without any justification. In the meantime, it is gradually becoming the norm that e-mails, letters and faxes from the “claimants” are simply not answered at all for months.

Even a final court decision is no guarantee that the money awarded will actually flow. Only recently, a case that took place in the United Kingdom caused a stir. Wizz Air only paid after a bailiff at London Luton airport threatened to seize assets.

Passengers are better informed than before

Individual judges have repeatedly told various media that the German district courts in particular, where most of the complaints from air passengers are first heard, are downright swamped. It is particularly hard on those whose districts also include the headquarters of airlines and/or large airports. According to the German Association of Judges, around 70.000 lawsuits were filed against airlines last year alone because of passenger rights.

This could be avoided if the providers did not really aim to end up in court. In numerous cases, no one appears, so that a default judgment is issued in favor of the plaintiffs. Depending on the airline, you take action against it or you pay the passenger. While only a few travelers were willing to sue their rights in court in the event of a delayed or canceled flight a few years ago, the proportion is now significantly higher. This is not only due to the fact that there are numerous specialized providers who also enable people who do not have legal expenses insurance to collect the money they are entitled to without any risk of costs, but also because word has gotten around that the claims exist.

Although airlines are legally obliged to inform travelers about claims that arise in the event of delays and/or cancellations, implementation on the spot is often not taken very seriously. Especially when it comes to alternative transportation with other airlines, you get very creative, even though there have been several judgments by the highest courts.

Airhelp boss: "Responsibility lies with the airlines"

Airhelp Managing Director Tomasz Pawliszyn does not want to let the criticism, which was expressed by the German Association of Judges to the German Press Agency, among others, stand. It would not be the legaltechs that would lead to more cases ending up in court, but the behavior of the airlines would be the cause.

"We are shocked by the current behavior of some airlines in Germany. This makes the country a negative example in Europe. It is imperative for airlines to respect the law. If the courts are overwhelmed, this is easily remedied by the airlines doing their part to solve the cases. We attach great importance to ensuring the validity of passengers' claims. We verify each claim against multiple flight reports and our own extensive database. Our advanced automated systems ensure that our customers' claims are legitimate. Airlines know they can trust our data. Proof of this: we win in court 90 percent of the cases in which airlines refuse to recognize their passengers' claims. We at AirHelp will continue to fight for the rights of our customers," said the manager. “We see responsibility for the overburdened courts with the airlines, which put passengers in a position to have to take legal action in the first place. If the airlines were more cooperative and would respect the rights of those affected and fulfill their obligations, then passengers and courts could be spared lengthy processes.

Leave a Comment

Your e-mail address will not be published. Required fields are marked with * marked

This website uses Akismet to reduce spam. Learn more about how your comment data is processed.

Editor of this article:

[ssba buttons]

Nobody likes paywalls
- not even Aviation.Direct!

Information should be free for everyone, but good journalism costs a lot of money.

If you enjoyed this article, you can check Aviation.Direct voluntary for a cup of coffee Coffee trail (for them it's free to use).

In doing so, you support the journalistic work of our independent specialist portal for aviation, travel and tourism with a focus on the DA-CH region voluntarily without a paywall requirement.

If you did not like the article, we look forward to your constructive criticism and / or your suggestions for improvement, either directly to the editor or to the team at with this link or alternatively via the comments.

Your
Aviation.Direct team
paywalls
nobody likes!

About the editor

[ssba buttons]

Nobody likes paywalls
- not even Aviation.Direct!

Information should be free for everyone, but good journalism costs a lot of money.

If you enjoyed this article, you can check Aviation.Direct voluntary for a cup of coffee Coffee trail (for them it's free to use).

In doing so, you support the journalistic work of our independent specialist portal for aviation, travel and tourism with a focus on the DA-CH region voluntarily without a paywall requirement.

If you did not like the article, we look forward to your constructive criticism and / or your suggestions for improvement, either directly to the editor or to the team at with this link or alternatively via the comments.

Your
Aviation.Direct team
paywalls
nobody likes!

Leave a Comment

Your e-mail address will not be published. Required fields are marked with * marked

This website uses Akismet to reduce spam. Learn more about how your comment data is processed.

Advertising