July 8, 2025, 2:23 pm | Read time: 3 minutes
The plane is still there, the doors are open, and other passengers are still boarding—yet the airline denies you entry. A ruling by the Frankfurt/Main Regional Court has now clarified when passengers are entitled to compensation in such cases.
An airline cannot simply turn away delayed passengers if the plane is still at the gate and boarding is not complete. This was decided by the Frankfurt/Main Regional Court, which ruled in favor of five travelers who were denied boarding despite open doors and waiting fellow passengers. The affected individuals will now receive compensation.
Overview
Travelers Demand 600 Euros Compensation Per Person
If a plane is still at the gate and boarding is not complete, an airline cannot simply refuse to board delayed passengers. This was the decision of the Frankfurt/Main Regional Court (Case No.: 2-24 S 93/24). The case centered on a lawsuit by five travelers who wanted to fly from Frankfurt to Doha. According to their boarding passes, the gate was supposed to close 20 minutes before departure—at 5:15 p.m. The flight was scheduled for 5:35 p.m. The travelers arrived at the gate a few minutes after 5:15 p.m., where an airline employee refused them boarding due to the delay.
In fact, the plane was still at the gate at that time, the doors were open, and other passengers were still waiting to board. The denied passengers then demanded compensation of 600 euros each under the EU Passenger Rights Regulation. While the district court initially dismissed the lawsuit, the Frankfurt Regional Court saw the matter differently and ruled in favor of the travelers on appeal.
Airline Should Have Taken Passengers
The court clarified that passengers are generally expected to be at the gate on time. However, if the departure does not occur as planned, consideration must be given to delayed passengers.
The regional court explicitly stated: “If boarding is not yet complete and the aircraft doors are still open, the airline has an obligation to take the passengers. The same applies if the apron bus, which is supposed to take passengers to the plane, has not yet departed.”
In the case at hand, these conditions were met. The aircraft doors were open, and other passengers were still waiting to board. For the court, it was therefore “not unreasonable” for the airline to allow the five delayed plaintiffs to board as well. “The plaintiffs could have joined the line of passengers still waiting to board without causing a delay in departure,” the court said.
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Delayed Train to the Airport – Who Is Liable?
Another risk of missing a flight: being delayed by train. Especially when tickets are booked separately, it is unclear who is liable for a missed flight. The Auto Club Europa (ACE), therefore, advises using so-called Rail-and-Fly tickets. These combine flight and train connections, with the airline responsible for arranging an alternative flight in case of delays.
However, not all airlines offer such cooperation with Deutsche Bahn. A list of participating airlines can be found on the DB website. According to ACE, it is important that Rail-and-Fly is not excluded from the travel contract. If booked separately, the responsibility for replacement and reimbursement lies with the railway—and this can take time.
With material from dpa