Anyone who checks in at the airport on time and misses the flight due to slow controls is entitled to compensation. The Frankfurt am Main Higher Regional Court ruled on Thursday in the case of two air travelers who missed their plane due to a long wait and dismissed an appeal by the federal government.
In the event of excessively long waiting times at airport security checks, passengers may be entitled to compensation from the Federal Republic of Germany. However, this only applies if the passenger checked in on time according to the recommendations, like this Higher Regional Court (OLG) Frankfurt am Main announced on Thursday. The court rejected an appeal by the Federal Republic of Germany, which organizes the security check.
The Frankfurt judges awarded two plaintiffs compensation for additional tickets and overnight stays after they missed their long-distance flight at Frankfurt Airport, despite adhering to the time schedule. The reason for the delay was the long waiting times at the passenger checks organized by the federal police.
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Court ruling: If the security check takes too long, the federal government pays
According to the court, the two women had checked in at the counter almost three hours before the scheduled departure for the Dominican Republic and then made their way to the gate without delay. On the day in question, the airport recommended checking in two hours before departure. The plaintiffs reached the checkpoint for passengers and hand luggage no later than 90 minutes before the gate closed, where they had to wait so long that access to the aircraft was already closed.
The plaintiffs accused the federal police of not adequately organizing the controls carried out by private service providers. According to the Higher Regional Court in its final judgment (Az. 1 U 220/20), the state intervention led to an unreasonable special sacrifice for the passengers. “However, a passenger does not have to adjust to any length of time, but may follow the recommendations of the airport operator or the specifications of the airline,” explained the OLG.