Auer Witte Thiel informed about travel law judgment of the European Court of Justice in Munich November 2011. A flight cancellation justified circumstances also compensation for moral damages. Also, transfers because of flights forced to repentance as a flight cancellation were to handle. The European Court noted this in a judgment. The lawyers Auer Witte Thiel reported the decision. In case of flight cancellation, passengers under certain conditions are entitled to demand compensation for non-material damage incurred. In addition, the compensation provided for in the event of flight cancellation can be claimed even if the already-launched aircraft had to return to the airport, and a flight was possible until the next day.

The European Court of Justice in a judgment decided this (ECJ 13.10.2010, C-83/10). In the present case, seven Spanish air passengers against their airline had charged in 2008. Cause of the dispute was a technical Problem during a flight, which forced the pilot of an Air France plane after Vigo started to return to the departure airport of Paris. Air France booked to the passengers on subsequent flights the next day, which the plaintiffs incurred expenses for accommodation, taxi fares and other expenses. The plaintiffs demanded for material damage each 250 euro compensation, as well as additional amounts and for the intangible damage per person each sums amounting to 650 and 300 euro. The commercial court in the Spanish Pontevedra had to deal with the case. The judges the European Court of Justice presented the question in the context of the procedure, whether the present case as a flight cancellation to handle.

Also should be clarified by the Court of Justice, whether the so called further compensation”includes also the intangible damage and whether the compensation to consider those costs have, which had caused the airlines by neglecting their duties. As the European Court of Justice found that the term applies Flight cancellation”not only in the event that a flight turns out completely. A flight forced to turn back was outbound from its originally planned also a not carried flight be regarded as trace, because he made changes necessary; so, this case justified expectations as Auer Witte Thiel pointed out. In addition, the national court is entitled to grant rights for the intangible damage. This next detailed compensation follow from the wording”in the text of the law and is possible under the conditions of the Montreal Convention or national law, the Court noted. The lawyers Auer Witte Thiel regularly report on new rulings in travel law. Auer Witte Thiel have extensive experience in this area of the law. To get more information on the subject flight and travel law, Auer Witte Thiel on the Info page. About Auer Witte Thiel the firm Auer Witte Thiel has years of experience in the field Travel law and represents among other things one of the largest European cruise companies. The firm is divided into two different areas of expertise: the firm for Receivables Management and the firm specializing in business law.