Oberste Gerichtshof: airline moet bewijzen dat alle redelijke maatregelen zijn genomen om annulering te voorkomen.
10 augustus 2013
In a recently published decision, the Austrian Supreme Court has held that although bad weather can be an indication for “extraordinary circumstances” but doesn’t itself constitute such circumstances. The carrier has to prove that despite adverse weather conditions it took all reasonable measures to avoid a flight cancellation.
Such measures could include re-routing of the flight to another airport close by or postponing the flight to wait for an improvement of weather conditions.
In the particular case, the airport company had been unable to react to weather conditions in an adequate way because they didn’t have enough de-icing agent to clear all runways and therefor had to limit the number of flights. However, the carrier had failed to put forward which measures it had taken to avoid the cancellation. Thus it was not necessary to decide whether the airport company would have been regarded an agent of the carrier.
Case details: OGH 03.07.2013, 7 Ob 65/13d full text of judgement avialable in German here.