LG Frankfurt; 2018-10-24; 2-24 O 22/18, 2/24 O 22/18
Decision by national courts in the field of European Union law — ECLI:DE:LGFFM:2018:1024.2.24O22.18.00
Date: 2018-10-24
Subject matter: Judicial cooperation in civil matters
Origin: Germany

82018DE1024(53)_ENG_SUMJURE
JURE summary
JURE summary
A private person domiciled in Germany (hereinafter ‘the plaintiff’) filed an action against an air carrier domiciled in France (hereinafter ‘the defendant’) demanding compensation.
The plaintiff booked online a flight from San Francisco to Paris and a connecting flight from Paris to London. Per the email, the defendant informed the plaintiff that the booked flight ticket had been cancelled as a result of a system error and refunded the plaintiff the paid amount of EUR 582.97.
The plaintiff claimed to have been genuinely willing to board the flight and considered the Landgericht Frankfurt am Main (hereinafter ‘the Court of First Instance’) to hold the international jurisdiction under Article 7(5) of the Brussels I Regulation (1) due to the fact that the flight ticket had been booked through the websites of the defendant’s German branch and issued in Frankfurt am Main.
The Court of First Instance found the action inadmissible.
German courts did not hold international jurisdiction. According to a fundamental decision (2) of the Court of Justice of the European Union, the jurisdiction according to the branch may only be applicable if several criteria have been met. It must be of permanent nature, be led by its own management and be able to conclude transactions for the main company. In addition, the respective transaction must follow from the operation of the branch. Or, the respective dispute must concern non-contractual obligations resulting from the activities of the branch conducted on behalf of the main company.
None of these preconditions had been met in this case. The air transportation agreement had been concluded through the defendant’s websites operated from Paris. The ticket office where the customers could pick up their tickets did not conduct any flight reservations.
The plaintiff could raise its claims on the place of arrival in France or England or at the statutory seat of the defendant in France.
The Court of First Instance dismissed the action.
(1) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2)  Judgment of the Court of Justice of 22 November 1978, Somafer SA v Saar-Ferngas AG, case 33/78, ECLI:EU:C:1978:205.