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Aviation law has never been a particular strength of the German media when it comes to artificially inflating a scandal. The latest victim: The Austrian airline Eurowings Europe, which the news magazine “Spiegel” accuses of disregarding German “mask law”.
Only a few countries, including Germany, still require covering the mouth and nose on board commercial aircraft. While airlines that are registered in the respective country could be forced to implement national law directly, the situation is different for foreign providers - apart from domestic flights.
International air traffic is regulated in numerous international agreements. Some of these have been in force for 50 years or more. Almost everything is regulated in these, including which law actually applies on board. Unless otherwise agreed bilaterally, that of the country of registration applies if it is an international flight.
In addition, there may currently be different notams regarding the obligation to wear a mask on board. This question was rarely asked until a few months ago, because almost all states - places of registration, departure and destination - have made masks compulsory. At best, one could argue about whether FFP2 masks had to be worn on flights to/from Austria that were operated by foreign providers or whether surgical masks were sufficient.
Germany is going its own way in Europe
Almost all European countries have now lifted the obligation to cover the mouth and nose on board aircraft. Not in Germany, however, and Minister of Health Karl Lauterbach (SPD) even wants to tighten up the use of FFP2 masks. The problem now is that there are conflicting notams from different states. In case of doubt, that of the country of registration takes precedence due to international agreements. In the case of Eurowings Europe, that is Austria.
As a result, the German mask requirement is legally overridden, since Austrian law applies on board. You can read about it in the countless international aviation agreements that Germany has also signed. The handle to enforce the German mask requirement simply does not exist, unless the German authorities wanted to break international agreements in order to enforce their special path.
A few weeks ago, Der Spiegel, based on the fact that Swiss adheres to the laws of the state of registration and no longer requires masks on Germany flights, create a real scandal. The Lufthansa subsidiary correctly pointed out that it is subject to Swiss legislation and that the procedure is also regulated on the basis of international aviation agreements. Nevertheless, the German medium tried to suggest that German regulations and laws were fundamentally superior to those from abroad. This is simply untrue.
Austrian law applies, regardless of whether it suits German media or not
It is therefore hardly surprising that the mirror now suggests that the German regulations are higher than those of Austria or the place of departure or destination. The next scandal is being attempted from the actions of Eurowings Europe, but the airline verbally defends itself against the medium. One refers to the register status Austria and point.
Passengers would also be made aware that Germany would like masks to be worn, but active enforcement measures have not been taken for some time. Austrian law applies to crews on board. Since the Alpine republic does not prescribe masks, they do not have to wear them due to the legal situation described in detail in this article, regardless of whether it suits a German news magazine or not.
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