Old Feb 13, 19, 6:43 pm
  #45  
leonidas
 
Join Date: Dec 2009
Location: ORD
Posts: 661
Originally Posted by oliver2002 View Post
In this case the respondent not only dropped the last leg of the ticket, but also specifically booked a seperate ticket on LH to get home to TXL from FRA which was in direct conflict with the other ticket. The latter part was the obvious evidence that he never had any intention to use the rest of the ticket. My feeling is that LH thought this would convince the judge. The judge denied the ruling because of a technicality about how a calculation of the penalty can be done for a passenger, not disputing the fact that the customer was in breach of the contract.

That said the ruling cannot be used by others, the legal system in Germany is unlike the Anglo-Saxon system where precendents count and contracts have to go into or cover every possibile potential situation. So even if the appeal is decided in favor of LH, they have to sue each customer separately and each case is heard individually.
I can easily see how a good lawyer can turn this into: my client should be able to purchase any number of items and decide freely whether to use any or all at all.
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