LG Frankfurt; 2019-01-07; 2-24 S 85/18, 2/24 S 85/18
Decision by national courts in the field of European Union law — ECLI:DE:LGFFM:2019:0107.2.24S85.18.00
Date: 2019-01-07
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82019DE0107(51)_ENG_SUMJURE
JURE summary
JURE summary
A private person (hereinafter ‘the plaintiff’) filed an action against the branch of an air carrier (hereinafter ‘the defendant’) in Frankfurt am Main asserting claims from an air transportation agreement.
Through an intermediary who was legally independent of the defendant, the plaintiff booked a flight in Frankfurt am Main from New York to Vienna through London.
The Amtsgericht Frankfurt am Main (hereinafter ‘the Court of First Instance’) found the action inadmissible citing a lack of international jurisdiction.
The appeal of the plaintiff lodged with the Landgericht Frankfurt am Main (hereinafter ‘the Court of Appeal’) was found unjustified.
The international jurisdiction of the Court of First Instance could not be derived from Article 7(1)(a) and (b) of the Brussels I Regulation (recast) (1).
Where air transportation of passengers is concerned, the courts having jurisdiction are the courts for the place of departure or arrival. Neither was located in Frankfurt am Main. The branch had not been involved in the initiation, the conclusion and the performance of the respective air transportation agreement. Therefore, there was no connection of the dispute to the operations of the defendant under Article 7(1) of the Brussels I Regulation (recast)
The Court of Appeal dismissed the appeal of the plaintiff against the decision of the Court of First Instance.
(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.