(Case C-213/18 Request for a preliminary ruling from the Tribunale ordinario di Roma (Italy) lodged on 26March 2018— Adriano Guaitoli and Others v easyJet Airline Co. Ltd

Request for a preliminary ruling from the Tribunale ordinario di Roma (Italy) lodged on 26March 2018— Adriano Guaitoli and Others v easyJet Airline Co. Ltd

(Case C-213/18)

Language of the case: Italian

Referring court

Tribunale ordinario di Roma

Parties to the main proceedings

Applicants: Adriano Guaitoli, Concepción Casan Rodriguez, Alessandro Celano Tomassoni, Antonia Cirilli, Lucia Cortini, Mario Giuli, Patrizia Padroni

Defendant: easyJet Airline Co. Ltd

Questions referred

If a party whose flight has been delayed or cancelled jointly requests, not only the standardised and lump-sum compensation provided for by Articles5, 7 and 9 of Regulation (EC) No261/2004,¹ but also the further compensation referred to in Article12 of the Regulation, must Article33 of the Montreal Convention apply, or is ‘jurisdiction’ (both international and local) governed by Article5 of Regulation (EC) No44/2001?²

In the first hypothesis in question 1, must Article33 of the Montreal Convention be interpreted to the effect that it governs only the allocation of jurisdiction among the States Parties, or as meaning that it also governs local jurisdiction within the individual State?

In the first hypothesis in question 2, is the application of Article33 of the Montreal Convention ‘exclusive’, precluding application of Article5 of Regulation (EC) No44/2001, or may the two provisions be applied jointly, so as to determine directly both the jurisdiction of the State and the local jurisdiction of its courts?

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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— Commission Statement (OJ 2004 L46, p.1).² Council Regulation (EC) No44/2001 of 22December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p.1).