The European Court of Justice is currently dealing with the question of whether airlines will be liable for compensation if the flight is diverted to a nearby airport. The Advocate General is of the opinion that only the costs of the onward journey have to be covered.

Specifically affected is Austrian Airlines, which due to a delay did not land in Berlin-Tegel, but in Berlin-Schönefeld. The company would not have been able to land at what was then the inner-city airport due to the nocturnal flight ban. A passenger therefore demands compensation from the AUA in the amount of 250 euros. The Berliner's apartment is eight kilometers from Tegel and 24 kilometers from Schönefeld.

The ECJ has to deal with this matter under reference number C-826/19. The Advocate General recommended that in this case no compensation payment within the meaning of EU Regulation 261/2004 is due. However, the airline would have to pay for additional travel costs from Schönefeld to Tegel.

The Advocate General's plea is not yet a judgment. In many cases the judges follow this, but are completely free in their decision and have already given different judgments in the past. The ECJ will announce the judgment in the coming months.