Background
Facts
Decision
Comment
Following the outbreak of the covid-19 pandemic, the commercial flight system lapsed and European states organised flights to repatriate their citizens. Passengers were informed that they would have to pay part of the cost for such repatriation, and signed a letter of confirmation to this effect.
The Federal Republic of Germany subsequently asked passengers to reimburse part of the cost. In order to streamline the payment process, the government formed case groups based on the distances flown. The government asked for payments of between €600 and €1,000. The payment demand was sent out automatically to passengers without a prior hearing.
In this case, the plaintiffs, who had been passengers on board a repatriation flight, refused to pay the part of the cost requested. They filed a legal action with the administrative court of Berlin.
The administrative court of Berlin upheld the governmental decision and dismissed the legal action.(1)
The court held that the covid-19 pandemic constitutes a catastrophic event within the meaning of the Consular Act.
In view of the number of 67,000 German citizens flown back to Europe, the court held that the chosen solution was acceptable in order to ease the administrative burden. The flat rates per flight asked for by the government were lower than the costs occurred. The organisation of the charter flights was necessary due to the lack of alternative commercial flights. It was not possible to provide the necessary assistance in another way.
The court further held that the claim for payment was justified. The basis for the claim was section 6 of the Consular Act – the covid-19 pandemic is comparable to a natural disaster or a warlike or revolutionary development.
The court also held that the ex ante perspective was relevant: a lot of people were threatened by the virus. Citizens were affected by the collapse of air traffic, the closures of hotel and other accommodation, and other governmental measures.
The administrative courts have already had to deal with a large number of issues surrounding the covid-19 pandemic. While most of the cases so far have concerned the legality or revocation of measures restricting freedom, this is one of the first decisions on the costs of protective measures. The decision is correct – the plaintiffs had been informed of the conditions of repatriation flights beforehand and had accepted them.
For further information on this topic please contact Carsten Vyvers at Arnecke Sibeth Dabelstein by telephone (+49 69 97 98 85 0) or email ([email protected]). The Arnecke Sibeth Dabelstein website can be accessed at www.asd-law.com.
Endnotes
(1) VG Berlin, decision dated 17 December 2021, case file No. VG 34 K 33.21.