AG Nürnberg; 2015-10-20; 22 C 1502/15
Decision by national courts in the field of European Union law — ECLI:DE:AGNUERN:2015:1020.22C1502.15.0A
Date: 2015-10-20
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82015DE1020(51)_ENG_SUMJURE
JURE summary
JURE summary
A private person domiciled in Germany (hereinafter ‘the plaintiff’) filed an action against the airline Air France domiciled in France (hereinafter ‘the defendant’) seeking the payment of compensation.
The plaintiff and a witness booked a flight from Bogotá to Paris and a connecting flight to Nuremberg with the defendant. Both flights were carried out by the defendant. The plaintiff and the witness missed the connecting flight to Nuremberg due to the delay of the first flight of 1 hour and 35 minutes.
The plaintiff claimed that the seised Amtsgericht Nürnberg (hereinafter ‘the Court of First Instance’) had local jurisdiction for the place of performance was the airport in Nuremberg where the defendant was supposed to perform its transport obligation.
The defendant claimed the lack of international jurisdiction of the Court of First Instance stating that the delay had occurred on a flight from Bogotá to Paris and that Paris was the place of performance.
The Court of First Instance was holding international jurisdiction under Article 7(1)(b) second indent of the Brussels I Regulation (recast) (1). The place of performance under this regulation are both the place of departure and arrival.
The Court of First Instance ordered the defendant to pay EUR 1,200 including interest to the plaintiff.
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.