The German Federal Court of Justice has ruled that airports are not liable for waiting times at passport control. It also follows that travelers should not rely on the availability of automatic control devices and should also find out in advance who is actually allowed to use them.

The background is a revision of a passenger who missed a long-haul flight from Düsseldorf. He was traveling with his wife and three children. The family would have appeared at the airport about two hours before departure. During passport control, they then found that a child under the age of 12 was not allowed to use the automatic control devices. You would then have queued for the manned police check and there would have been a delay with a passenger further ahead. As a result, travelers would have missed their flight.

The family also claimed that the staff had been made aware that boarding time was running out. But you would not have been ranked first. Düsseldorf Airport was sued for damages of around 3.000 euros. However, the two lower courts dismissed the lawsuit.

The appeal to the Federal Court of Justice was also unsuccessful. The German supreme judges argued the dismissal of the lawsuit, among other things, that passengers should not rely on the constant operational readiness of the automatic control devices. If you intend to use them, you have to find out in advance who is actually entitled to do so. Germany only allows this from the age of 12.

Furthermore, the BGH is of the opinion that the family would have had enough time at the airport to get the information that the "Easypass system" can only be used from the age of 12. The signage directly in front of the devices, which expressly refers to this fact, is considered sufficient. The BGH is of the opinion that the family acted recklessly, since they only just appeared at the "Easypass" devices. They would have preferred to spend the time in shops before.

Furthermore, it is a sovereign activity that must be carried out by the Federal Police due to a statutory mandate. Any waiting times at passport controls are therefore not to be blamed on either the airline or the airport operator. The appeal was thus dismissed by the BGH. The lower courts have already ruled that there is no claim for damages against Düsseldorf Airport.