EuGH, 19.11.2009 - C-402/07 und C-432/07; 04.10.2012 - C-22/11
The applicant resident in Germany claims compensation amounting to 800 € and originating from his own and assigned rights against the defendant as an executive air carrier for denied boarding.
He makes use of the European Small Claims Procedure by submitting standard Form A to the competent court. Thus, the applicant takes legal action according to § 1097(1) ZPO in the form required by § 253(1) ZPO. The European Small Claims Procedure was also admissible for the applicant’s claim. It was a cross-border case within the meaning of Art. 3(1) ESCP. The amount in dispute did not exceed the maximum of € 2,000 stipulated in Art. 2(1) sent. 1 ESCP.
The case is well-founded in part. Art. 16 sent. 1 in conjunction with Art. 19 ESCP in conjunction with § 92(1) ZPO was decisive for the decision on costs.