(Case C-188/20 Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 30April 2020— JG, represented for legal purposes by MI and LH, and Others v OP, acting as liquidator of Azurair GmbH
Fecha: 30-Abr-2020
Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 30April 2020— JG, represented for legal purposes by MI and LH, and Others v OP, acting as liquidator of Azurair GmbH
(Case C-188/20)
Language of the case: German
Referring court
Landgericht Düsseldorf
Parties to the main proceedings
Appellants: JG, LH, MI and NJ, all represented for legal purposes by MI and LH
Respondent: OP, acting as liquidator of Azurair GmbH
Intervener: alltours flugreisen gmbh
Questions referred
Does a passenger have a ‘confirmed reservation’ within the meaning of Article3(2)(a) of Regulation (EC) No261/20041 if he has received, from a tour operator with which he has a contract, ‘other proof’ within the meaning of Article2(g) of Regulation No261/2004, by which he is assured transport on a particular flight, individualised by points of departure and destination, times of departure and arrival and flight number, without the tour operator having made a seat reservation for that flight with the air carrier concerned and having received confirmation from the latter?
Is an air carrier to be regarded as an operating air carrier within the meaning of Article2(b) of Regulation No261/2004 in relation to a passenger if, despite the fact that that passenger has a contract with a tour operator which has promised him carriage on a particular flight, individualised by points of departure and destination, times of departure and arrival and flight number, the tour operator has not, however, reserved a seat for the passenger and has therefore not established a contractual relationship with the air carrier in respect of that flight?
Can the ‘scheduled time of arrival’ of a flight within the meaning of Article2(h), Article5(1)(c), the second sentence of Article7(1) and Article7(2) of Regulation No261/2004 be determined, for the purposes of compensation for cancellation or long delay in arrival, from ‘other proof’ issued to a passenger by a tour operator, or must the ticket pursuant to Article2(f) of Regulation (EC) No261/2004 be taken into account for that purpose?
Has there been a cancellation of a flight within the meaning of Article2(l) and Article5(1) of Regulation No261/2004 if the operating air carrier brings a flight booked as part of a package tour forward by at least two hours and ten minutes within the same day?
Can the operating air carrier reduce the compensation under Article7(1) of Regulation No261/2004 in accordance with Article7(2) of that regulation if the amount of time by which a flight has been brought forward is within the periods specified in that provision?
Does it constitute an offer of re-routing within the meaning of Article5(1)(a) and Article8(1)(b) of Regulation No261/2004 if a passenger is informed, before the beginning of his journey, that his flight has been brought forward?
Does Article14(2) of Regulation No261/2004 oblige the operating air carrier to inform the passenger of the exact company name and address from which he can request a sum on a sliding scale based on distance, the amount of that sum, and, if applicable, the documents that he should attach to his request?