20070830

Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 30 August 2007 — Christopher Sturgeon, Gabriel Sturgeon, Alana Sturgeon v Condor Flugdienst GmbH

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicants: Christopher Sturgeon, Gabriel Sturgeon, Alana Sturgeon

Defendant: Condor Flugdienst GmbH

Questions referred

1. Is it decisive for the interpretation of the term "cancellation" [for the interpretation of Articles 2(l) and Article 5(1)(c) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 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) No 295/91 [1]] whether the original flight planning is abandoned, with the result that a delay, regardless of how long, does not constitute a cancellation if the air carrier does not actually abandon the planning for the original flight?

2. If Question 1 is answered in the negative: in what circumstances is a delay of the planned flight no longer to be regarded as a delay but as a cancellation? Is the answer to this question dependent on the length of the delay?

[1] OJ 2004 L 46, p. 1.

--------------------------------------------------