Delayed or Lost Luggage Rights on Flights from Germany

What the Law Says

Passengers flying from or to Germany are protected by two key legal frameworks: EU Regulation (EC) No 261/2004 (for flight-related incidents) and the Montreal Convention (MC99), which governs baggage liability. German courts uniformly apply MC99 via § 407 of the German Commercial Code (Handelsgesetzbuch – HGB), incorporating its provisions into national law.

The Montreal Convention (ratified by Germany in 2004) holds airlines strictly liable for destruction, loss, or damage to checked baggage on international flights (including intra-EU flights). Liability is capped at 1,288 Special Drawing Rights (SDR) per passenger — approximately €1,519 as of 2026 — unless higher value was declared and extra fee paid (Art. 22(2) MC99).

For delayed baggage, airlines must reimburse reasonable, verifiable expenses incurred due to the delay (e.g., essential clothing, toiletries), provided the delay exceeds ~12–24 hours and the passenger files a Property Irregularity Report (PIR) within 7 days of baggage receipt (Art. 19 & Art. 22(2) MC99; confirmed by BGH, Urteil vom 13.12.2018 – X ZR 73/17).

Statutory Text

The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.

— Montreal Convention, Art. 19

Statutory Text

In the case of destruction, loss, damage or delay of baggage, the carrier’s liability shall be limited to 1,288 SDR per passenger.

— Montreal Convention, Art. 22(2)

What to Do

Sources

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