Case number and/or case name
AG Hannover, 26.11.2014 – 506 C 3954/14
Details of the court
Germany, First Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph b
Indent 2
Date of the judgement
25 November 2014
CJEU's case law cited by the court
Summary
The parties argue about damages due to a strike of air traffic controllers. A booked flight from Spain to Germany got cancelled because of strikes in France. The defendant is an airline, the claimant is an assignee of two consumers who booked the flight. The court held: In absence of a choice of law the law of the habitual residence of the passenger is according to Art. 5 (2) Rome I applicable if this matches with the departing location or destination. It therefore applied German law.