The parties were in dispute over claims for compensation under the EU Flight Delay Compensation Regulation (261/2004). The applicant had booked a flight with the defendant using a company tariff. Due to problems, she reached her destination with a delay of more than four hours and made a compensation claim against the defendant pursuant to Article 7(I) of the EU Flight Delay Compensation Regulation.
The Bremen Local Court dismissed the action. The scope of application of Article 3(1)(1) of the EU Flight Delay Compensation Regulation has not been opened up. The use of company tariffs is negotiated individually between air carriers and their customers. Such tariffs are therefore unavailable to the public. However, this would have been a prerequisite for a claim by the applicant. Further, the actual injured party was not the employee who brought forward the legal action, but her employer.(1)
The court has thus put a double stop to possible claims by employees. If a booking is made using a company tariff, claims are generally excluded. Even if a booking is made using a general tariff, the travelling employee cannot bring forward a legal action.
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