Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 13 May 2013 — Elena Recinto-Pfingsten v Swiss International Air Lines AG

(Case C-259/13)

2013/C 260/34

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Elena Recinto-Pfingsten

Defendant: Swiss International Air Lines AG

Question referred

Is the Agreement (1) on air transport between the Swiss Confederation and the European Community of 21 June 1999, as amended by Decision No 2/2010 (2) of the Community/Switzerland Air Transport Committee of 26 November 2010, to be interpreted as meaning that Regulation (EC) No 261/2004 (3) 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, is applicable, in accordance with Article 3(1)(a), also to passengers who embark on a flight to a third country from airports in Switzerland?

(1)  Agreement between the European Community and the Swiss Confederation on Air Transport — Final Act — Joint Declarations — Information relating to the entry into force of the seven Agreements with the Swiss Confederation in the sectors free movement of persons, air and land transport, public procurement, scientific and technological cooperation, mutual recognition in relation to conformity assessment, and trade in agricultural products (OJ 2002 L 114, p. 73).

(2)  Decision No 2/2010 of the Joint Community/Switzerland Air Transport Committee set up under the Agreement between the European Community and the Swiss Confederation on Air Transport of 26 November 2010 replacing the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport (OJ 2010 L 347, p. 54).

(3)  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 (OJ 2004 L 46, p. 1).