That is the question I’m sure an American Corporate Lawyer doesn’t want to be asked.  It turns out that a man has filed suit and lost for his ejection from a British Airways flight.  He was seeking compensation for the ticket and hotel costs incurred since he was forced off the flight due to an offensive… smell!

An appeals court in the western city of Duesseldorf upheld an earlier ruling that British Airways (BA) had acted within its rights by removing the man from the aircraft after a female passenger sitting next to him complained about his smell.

“The stewardess took him to one side and asked him if he could put on a fresh shirt, but they were all in the hold,” a court spokesman said. “So then he was asked to leave the plane — about two minutes before take off.” BA said other passengers were upset by the smell, he added.

Why did he have that smell?

“The man said he couldn’t help sweating after carrying three suitcases in 29 degrees (Celsius) of heat and sitting in the airport for two hours with no air conditioning,” the court spokesman said.

“But the court said the airline’s terms and conditions made clear they could bar passengers because of their smell.”

The appeals court delivered a judgement Wednesday by default against the man when he failed to attend the hearing. The man, who told the court he was stuck in traffic, has the right to appeal.

According to its website, American Airlines’ conditions of carriage say that transport may be refused if passengers “have an offensive odor not caused by a disability or illness.”

Let this be a lesson to you not to carry so much baggage that you sweat too much so that you smell.  Or to wear stronger deodorant.