Germany – Cases

The following cases are judgements given by the German Federal Court of Justice (Bundesgerichtshof), the Supreme Court in private law matters.

Judgement of 15 March 2011 – X ZR 99/10: for the purpose of establishing liability of the carrier under article 17(2) of the Montreal Convention a passenger is not required to be identified in the baggage identification tag as set out in article 3(3).


Judgement of 24 February 2011 – I ZR 91/10: articles 18(1), 18(3) of the Montreal Convention apply if the carrier, after completion of the air carriage, carries the cargo by road from the airport to its warehouse outside the airport area at which the cargo is thereafter lost; the defendant carrier can refer to the presumption under article 18(4).


Judgement of 10 December 2009 – Xa ZR 61/09: the provision in article 35 of the Montreal Convention (limitation of actions) does not apply, neither directly nor by analogy, to the right to compensation under Regulation (EC) No 261/2004; as far as German law is the governing law, the regular time bar in section 195 of the German Civil Code (BGB) applies.


Judgement of 15 March 2005 – VI ZR 356/03: regarding the definition of the terms “passenger” and “contract of carriage” in sections 44 et seq. of the German Air Traffic Act (Luftverkehrsgesetz).



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