The German Higher Regional Court Düsseldorf holds that any airport of destination may be dominant (Cologne / Bonn Airport)

Background The employees of the plaintiff, a large publishing house in Hamburg, frequently fly with a company owned jet to Cologne/Bonn airport, which is operated by the defendant. The defendant's tariffs for commercial airlines as well as non-commercial airlines starting and landing are governed by a tariff regulation (“Entgeltordnung”), which is unilat-erally adopted by the defendant. Under Section 315 of the German Civil Code (BGB), a court may amend unilaterally im-posed tariffs if these tariffs are “unreasonable”. Section 315 BGB

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Author

  • McDermott Will & Emery (Düsseldorf)

Quotation

Daniel von Brevern, The German Higher Regional Court Düsseldorf holds that any airport of destination may be dominant (Cologne / Bonn Airport), 18 October 2006, e-Competitions October 2006, Art. N° 13661

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