Flight delay Compensation calculator
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E.g., 11.12.2018

ECJ Opinion On "Illness / Death Of An Airplane Passenger

Flight Passengers

But there is also a different opinion about "illness / death of a passenger airplane". According to the ECJ, a case is always an "exceptional circumstance" if it is due to an occurrence which is not part of the normal exercise of the activity of the air carrier concerned and because of its nature or origin of the air carrier's actual control is (ECJ,. V. 12.22 .2008, Case C-549/07 - Wallentin-Hermann / Alitalia, para 23, RRa 2009 35 = NJW 2009, 347;. judgment of 19 November 2009 C-402/07, NJW 2010 = 43... RRa 2009 282 Sturgeon among others / Condor; ruling of 31.01.2013, Case C-12/11 -McDonagh / Ryanair, RRa 2013 81 = NJW2013, 921;....... BGH, v 24/09/2013 - XZR 160/12, para. 10).
AG Frankfurt, ruling 1:03; why is the disease (or death) of a passenger airplane, which leads to an intermediate landing, an "exceptional circumstance" (AG Wedding, ruling 28.10.2010-2 C 115/10..... 2011-31 C 2177/10; Woitke- vich, MDR 2012, 193, 194; Bosch / Lorz, NVZ2013, 105, 107; aA AG Rüsselsheim, ruling of 11.02.2011 - 3 C 2021 / 10-36)... Should there be a death during the previous flight, it is also regarded as a "extraordinary circumstance" (AG Frankfurt, Urt. V. 01.03.2011).

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