May 3, 2026, 6:04 am | Read time: 3 minutes
Hours of waiting at the airport, canceled flights, and uncertain departure times–for many travelers in the EU, this is a familiar scenario. While passengers are entitled to meals provided by the airline in such cases, what exactly is included often leads to disputes. Opinions differ especially when it comes to alcoholic beverages, and courts do not always rule consistently.
Meals During Delays–Rights with Limitations
If there are significant delays or flight cancellations, airlines in the EU must provide meals and drinks or reimburse costs if passengers provide for themselves. However, this does not apply indefinitely to every type of consumption.
A recent ruling by the Cologne District Court shows where the line can be drawn. The legal portal “beck-aktuell” reports on this. A family had consumed alcoholic beverages over two days following a flight cancellation and sought reimbursement for these costs. The airline initially refused.
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Beer and Wine Are Reimbursable
However, the court ruled in favor of the travelers–at least partially. The expenses for beer, shandy, and wine during the two-day wait were deemed reimbursable. Specifically, it involved three wines, eight beers, and one shandy.
The decisive factor was the reasoning that passengers must be adequately hydrated during long waits. Within this context, the consumed amounts were still considered reasonable. According to the court, moderate alcohol consumption is even compatible with the purpose of hydration, as no excessive diuretic effect is expected.
However, the court assessed the consumption of spirits differently. The additional claimed costs for herbal schnapps amounting to 14 euros were not recognized. These expenses were neither necessary nor reasonable, according to the court (Case No.: 164 C 1107/24).
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Inconsistent Rulings on Alcohol
The case is part of a series of differing judgments on what constitutes “meals and refreshments” under EU passenger rights. Courts repeatedly reach different conclusions.
For instance, the Düsseldorf District Court in 2019 deemed “champagne cocktails and dessert wine” reimbursable (Case No.: 27 C 257/18). In contrast, the Hanover District Court in 2023 ruled that there is no entitlement to reimbursement for Aperol Spritz (Case No.: 513 C 8538/22).
There is also no consistent stance on beer and wine: The Memmingen District Court ruled in 2021 that beer still qualifies as a refreshment, but wine does not (Case No.: 11 C 157/21). The Cologne court now saw it differently and also accepted wine.
Fundamental Decision: Alcohol Not Excluded
A more fundamental interpretation was provided by the Düsseldorf Regional Court in 2024. According to this, the term “refreshments” in the EU regulation does not fundamentally exclude alcoholic beverages. Whether these serve more for enjoyment or a basic need is not specifically regulated (Case No.: 22 S 175/24).
The current case law shows: Moderate consumption of beer or wine can be reimbursable under certain circumstances. However, those who opt for cocktails or high-proof alcohol risk bearing the costs themselves.
With material from dpa