PIL instrument(s)
European Payment Order (EPO)
Case number and/or case name
AG Bremen, 01.06.2017 – 9 C 63/17
ECLI
ECLI:DE:AGHB1:2017:0601.9C0063.16.0A
Publication in law review
BeckRS 2017, 113798
Details of the court
Germany, First Instance
Articles referred to by the court
European Payment Order (EPO)
Article 1
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 3
Article 11
Paragraph 4
Article 12
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 1 SubParagraph c
Paragraph 1 SubParagraph d
Paragraph 1 SubParagraph e
Paragraph 1 SubParagraph f
Article 13
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 1 SubParagraph c
Paragraph 2
Article 14
Article 16
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph c
Article 17
Article 18
Article 19
Paragraph 1
Paragraph 2
Paragraph 3
Article 2
Paragraph 2 SubParagraph e
Paragraph 2 SubParagraph f
Paragraph 2 SubParagraph g
Paragraph 4
Paragraph 5
Paragraph 6
Article 20
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph c
Paragraph 1 SubParagraph d
Article 21
Article 22
Article 23
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 1 SubParagraph c
Article 24
Article 25
Paragraph 3
Paragraph 4
Paragraph 5
Article 28
Paragraph 1
Paragraph 2
Paragraph 3
Article 29
Paragraph 3
Article 3
Article 30
Paragraph 1
Paragraph 2
Article 31
Paragraph 1 SubParagraph a Indent i
Paragraph 1 SubParagraph a Indent ii
Paragraph 1 SubParagraph b
Article 32
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 4
Article 5
Paragraph 5 SubParagraph a
Paragraph 5 SubParagraph b
Paragraph 5 SubParagraph c
Paragraph 5 SubParagraph d
Paragraph 6
Paragraph 7
Paragraph 8
Article 6
Paragraph a
Paragraph b
Paragraph c
Article 7
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Paragraph 3 SubParagraph c
Paragraph 4 SubParagraph a
Paragraph 4 SubParagraph b
Paragraph 7 SubParagraph a
Paragraph 7 SubParagraph b
Paragraph 7 SubParagraph c
Paragraph 7 SubParagraph d
Paragraph 8
Article 8
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5 SubParagraph a
Paragraph 5 SubParagraph b
Paragraph 5 SubParagraph c
Paragraph 6
Article 9
Article Annex IV
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 1 SubParagraph c
Paragraph 1 SubParagraph d
Paragraph 1 SubParagraph e
Paragraph 1 SubParagraph f
Date of the judgement
01 June 2017
Appeal history
None
CJEU's case law cited by the court
None
* Name
EuGH, 09.07.2009 - C-204/08; 13.03.2014 - C-548/12
* ECLI
ECLI:EU:C:2009:439; ECLI:EU:C:2014:148
Summary
The AG Bremen decides on the legality of a non-assignment clause in the terms and conditions of an airline in order to prevent the purchase of compensation payment claims by so-called passenger rights portals on the Internet. In the context of the assessment, which is prescribed § 307 BGB, the court decides in favor of the air carrier. It is argued as follows: It was true that the passenger is structurally inferior to the airline in a special way. This was because the airlines often sat abroad, regularly choose the validity of their foreign law and often corresponded in a foreign language. The passenger, however, remained at liberty to contact a lawyer after an unsuccessful deadline. The conclusion of a legal expenses insurance was available to everyone. The European order for payment procedure (Regulation (EC) No 1896/2006) and the Small Claims Procedure (Regulation (EC) No 861/2007) were particularly suitable for claims under the Passenger Orders Regulation.

This website was written by the University of Aberdeen's Research Applications and Data Management Team
It is now maintained at the University of Antwerp by the ICT Department - Research Application's Data Management Team