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Old Jan 11, 2017 | 1:27 pm
  #13  
skywardhunter
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Originally Posted by warakorn
Outside of EC261/2004 there is a term in German law which is called "Erfüllungsort" (location of fulfillment).
The highest German circuit court (one level below the supreme court) has decided in 2011 (BGH, Urteil vom 18.01.2011 – X ZR 71/10) that both the departure and arrival airport count as "Erfüllungsort", based on § 29 ZPO.
The downgrade happened on DXB-HAM. The court, in which district Hamburg airport lies, has jurisdiction in this case.

The passenger cannot refer to EC261/2004. That is for sure, however, the German civil code for the fulfillment of a transportation service applies.
Cool, then there's just the matter of opportunity cost, is it worth pursuing? What is the desired rate of compensation (OP hasn't mentioned this) and how is it calculated and why is it more correct than the one offered already by Emirates?
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