Night flight ban = "exceptional circumstance" under certain conditions

Rechte Flugverspätung Zeitfenster des Nachtflugverbotes

Should occur during the loading of passengers problems and advised the start of the flight so in the time window of the ban on night flights, it falls within the responsibility of the airline and therefore is not "exceptional circumstance" (AG Frankfurt, ruling of 27.06.2013 -.. 30 C 1055 / 13-25). If it is so, then the aircraft must move in time from the park position to the runway. If it was delayed at the runway and do not get off clearance, there is no "exceptional circumstance" (including AG Frankfurt, Urt. V. 08.02.2013-30 C 2290 / 12-47, RRa 2013, 190). It has nevertheless achieved an "exceptional circumstance" when the plane left its parking position in time, but the runway after the occurrence of the ban on night flights (AG Munich, Urt. V. 10.01.2014-212 C 11471/13).

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