Federal Court of Justice

Communication of the press office


No. 80/2018

Hearing on the 15th of May, 2018, 9.00 o'clock, in the matter of

X ZR 79/17 (obligation of an air passenger to the allowance one

to the airline enterprise imposed of penalty?)

The plaintive airline enterprise takes up accused air passenger on allowance of a penalty covered by the Indian authorities.

Circumstances:

The defendant booked in spring, 2015 about the Internet site of the plaintiff a flight to India. Because he did not dispose with his arrival in India of the visa necessary for the entry, the Indian authorities against the plaintiff covered a penalty at the rate of 100,000 Rupien (at the payment time converted about 1.415€). For this she asks of the accused substitute.

Present process course:

The district court has condemned the defendant to the payment and has rejected the complaint only because of an in addition sued treatment remuneration of 50€ together with interest. The appeal of the defendant has had no success. The court of appeal has accepted, the defendant has disowned against from the general terms of transport of the plaintiff proving contractual accessory obligation to start the flight only with the necessary entry documents. However, the plaintiff has been obliged towards the defendant not to the control of his entry documents. With his check admitted by the district court the defendant follows up his aim of an entire dismissal of action.

Preauthorities:

AG Hannover – judgment from the 16th of August, 2016 – 542 C in 2724/16

LG Hannover – judgment from the 20th of July, 2017 – 8 p. 71/16

Karlsruhe, 25th of April, 2018

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