Request for a preliminary ruling from the Landgericht Hamburg (Germany) lodged on 11 September 2017 — Wolfgang Wirth and Others v Thomson Airways Ltd.

(Case C-532/17)

(2017/C 402/14)

Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings

Applicants: Wolfgang Wirth, Theodor Mülder, Ruth Mülder, Gisela Wirth

Defendant: Thomson Airways Ltd.

Question referred

Is the concept of ‘operating air carrier’ in 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), to be interpreted as meaning that an air carrier which leases to another air carrier an aircraft, including crew, for a contractually-stipulated number of flights under a so-called wet lease, but which does not bear the principal operational responsibility for the individual flights, and where it is stated in the passengers’ booking confirmation that the flight is ‘operated by …’ that very carrier, is the operating air carrier within the meaning of that regulation?

(1)  OJ 2004 L 46, p. 1.