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Flood of lawsuits against airlines: Civil proceedings due to flight delays and cancellations reach new highs

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The number of lawsuits against airlines reached a new high in Germany last year. According to the German Association of Judges, around 131.000 cases were filed at the country's major airports, an increase of around 6.000 cases compared to the previous year. What is particularly striking is that the majority of these cases result from disputes between passengers and airlines, often due to delays, cancellations or other problems related to air travel. The increasing trend towards more lawsuits seems to be closely linked to the recovery of air traffic after the corona pandemic.

The number of proceedings varies depending on the airport location, with the Cologne District Court recording by far the highest volume with around 41.300 proceedings in 2024. This corresponds to an increase of 11 percent compared to the previous year. This high number could be related to the central role of Cologne-Bonn Airport in air traffic and the Lufthansa based there, which is Europe's largest airline. The Frankfurt/Main District Court follows with around 16.000 proceedings, while the Königs Wusterhausen District Court, which is responsible for Berlin's BER airport, recorded almost 15.500 lawsuits.

Experts attribute the reason for this increase in lawsuits to the resumption of travel after the pandemic-related restrictions. The number of air passengers increased to around 2024 million in 213,5, which represents a significant increase compared to the 185,2 million passengers in 2023. This increasing number of air travelers goes hand in hand with an increase in conflicts and complaints against airlines, which are increasingly ending up in court.

Civil proceedings and arbitration bodies: claims and compensation

The majority of the lawsuits are directed against airlines, which are held responsible for delayed or canceled flights. But cases involving violations of travel law, such as disputes over travel contracts, also make up a part of the proceedings. In addition to traditional court proceedings, there are also arbitration bodies that mediate between passengers and airlines in many cases. In particular, the "Travel & Transport Arbitration Board" processed over 45.600 applications last year, of which more than 84 percent concerned disputes with airlines. In 2024, the number of cases rose to around 38.000, an increase of around 14 percent compared to the previous year.

The dispute resolution service has achieved a settlement in more than 80 percent of cases, suggesting that an out-of-court solution is a faster and more cost-effective option for many travelers. Nevertheless, the figures show that formal litigation remains a central part of the dispute resolution mechanism in air transport.

New technologies to relieve the burden on courts

The high number of lawsuits has not only put a strain on the courts, but has also led to the development of new technologies that are intended to ease the burden on the justice system. The German Judges' Association points to special AI assistance programs that are being tested at larger district courts and are intended to speed up the processing of mass lawsuits. These programs can compare thousands of judgments in a matter of seconds in order to filter out the requirements for compensation claims and make suggestions for decisions. The aim of these programs is to relieve the courts of the ever-increasing number of standardized procedures and at the same time reduce the processing time for each individual case.

However, there is still no fully developed software that could be used across the entire justice system. According to Sven Rebehn, Federal Director of the German Judges' Association, the technology is promising, but not yet ready for widespread use. Work is continuing on optimizing the programs to ensure that cases are processed more efficiently and cost-effectively.

Hurdles for passengers: costs and lengthy procedures

Although more and more passengers are asserting their claims through portals such as AirHelp or EUflight, going to court still presents hurdles. For many travelers, the legal process is not only time-consuming, but also financially burdensome. Court fees often have to be paid in advance, and in the event of a loss, the plaintiff usually bears the opposing party's costs. This means that many airlines continue to file lawsuits despite the prospect of a high probability of defeat.

According to the Travel & Transport Arbitration Board and the EUflight portal, court proceedings are in many cases lengthy and can take up to a year or more, even when the passengers' claims are clear. This is particularly frustrating for travelers who rely on quick and straightforward compensation. Lars Watermann, founder of the EUflight portal, suggests that using AI to structure and present the facts could be helpful in many cases. However, the decision itself should still be left to the courts to ensure the rule of law and justice.

A trend that is likely to continue

The number of lawsuits against airlines reached a new record in 2024, showing that passenger rights remain a hot topic. While air traffic in Germany is growing again after the pandemic, the number of complaints and lawsuits is also increasing, placing a significant burden on the judiciary.

Developing AI programs to assist courts could be an important step to increase efficiency and speed up proceedings. But going forward, both airlines and travelers will continue to face the challenges of the aviation legal framework. The question remains whether existing systems are sufficient to efficiently handle the growing number of disputes.

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