Judgment of the Court (Third Chamber) of 25 January 2024 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Laudamotion GmbH v flightright GmbH

(Case C-474/22, (1) Laudamotion (Decision not to take a delayed flight))

(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 3(2)(a) - Article 5(1) - Article 7(1) - Compensation for air passengers in the event of long delay of flights - Requirement to present oneself for check-in in good time)

(C/2024/1826)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellant on a point of law: Laudamotion GmbH

Respondent in the appeal on a point of law: flightright GmbH

Operative part of the judgment

Article 3(2)(a) 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,

must be interpreted as meaning that, in order to be entitled to the compensation provided for in Article 5(1) and Article 7(1) of that regulation in the event of a long delay of a flight, namely a delay of three hours or more after the arrival time originally scheduled by the air carrier, an air passenger must have presented himself or herself for check-in in good time or, if he or she has already checked in online, must have presented himself or herself at the airport in good time to a representative of the operating air carrier.

(1)   OJ C 398, 17.10.2022.