(Case C-163/18 Request for a preliminary ruling from the Rechtbank Noord-Nederland (Netherlands) lodged on 1March 2018— HQ, on her own behalf and as the legal representative of her minor child IP, JO v Aegean Airlines SA

Request for a preliminary ruling from the Rechtbank Noord-Nederland (Netherlands) lodged on 1March 2018— HQ, on her own behalf and as the legal representative of her minor child IP, JO v Aegean Airlines SA

(Case C-163/18)

Language of the case: Dutch

Referring court

Rechtbank Noord-Nederland

Parties to the main proceedings

Applicants: HQ, on her own behalf and as the legal representative of her minor child IP, JO

Defendant: Aegean Airlines SA

Questions referred

1.Must Article8(2) of Regulation No261/2004¹ be interpreted as meaning that a passenger who, under Directive 90/[314]/EEC² on package travel (as implemented in national law), has the right to hold his tour organiser liable for reimbursement of the cost of his ticket, can no longer claim reimbursement from the air carrier?

2.If the answer to Question 1 is in the affirmative, can a passenger nevertheless hold the air carrier liable for reimbursement of the cost of his ticket if it is to be assumed that his tour organiser, if it were to be held liable, would be financially incapable of actually reimbursing the cost of the ticket and that tour organiser has also not taken any safeguard measures to guarantee reimbursement?

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¹ Regulation (EC) No261/2004 of the European Parliament and of the Council of 11February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No295/91 (OJ 2004 L46, p.1).² Council Directive 90/314/EEC of 13June 1990 on package travel, package holidays and package tours (OJ 1990 L158, p.59).