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Document 62021CA0436
Case C-436/21: Judgment of the Court (Eighth Chamber) of 6 October 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — flightright GmbH v American Airlines Inc. (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 3(1)(a) — Scope — Article 2(f) to (h) — Concept of ‘ticket’ — Concept of ‘reservation’ — Concept of ‘connecting flight’ — Reservation through a travel agency — Article 7 — Compensation for air passengers in the event of a long delay to a flight — Transport operation consisting of a number of flights operated by separate operating air carriers — Connecting flight departing from an airport located in a Member State with a stop in Switzerland and final destination in a third country)
Case C-436/21: Judgment of the Court (Eighth Chamber) of 6 October 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — flightright GmbH v American Airlines Inc. (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 3(1)(a) — Scope — Article 2(f) to (h) — Concept of ‘ticket’ — Concept of ‘reservation’ — Concept of ‘connecting flight’ — Reservation through a travel agency — Article 7 — Compensation for air passengers in the event of a long delay to a flight — Transport operation consisting of a number of flights operated by separate operating air carriers — Connecting flight departing from an airport located in a Member State with a stop in Switzerland and final destination in a third country)
Case C-436/21: Judgment of the Court (Eighth Chamber) of 6 October 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — flightright GmbH v American Airlines Inc. (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 3(1)(a) — Scope — Article 2(f) to (h) — Concept of ‘ticket’ — Concept of ‘reservation’ — Concept of ‘connecting flight’ — Reservation through a travel agency — Article 7 — Compensation for air passengers in the event of a long delay to a flight — Transport operation consisting of a number of flights operated by separate operating air carriers — Connecting flight departing from an airport located in a Member State with a stop in Switzerland and final destination in a third country)
OJ C 451, 28.11.2022, p. 6–6
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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28.11.2022 |
EN |
Official Journal of the European Union |
C 451/6 |
Judgment of the Court (Eighth Chamber) of 6 October 2022 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — flightright GmbH v American Airlines Inc.
(Case C-436/21) (1)
(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 3(1)(a) - Scope - Article 2(f) to (h) - Concept of ‘ticket’ - Concept of ‘reservation’ - Concept of ‘connecting flight’ - Reservation through a travel agency - Article 7 - Compensation for air passengers in the event of a long delay to a flight - Transport operation consisting of a number of flights operated by separate operating air carriers - Connecting flight departing from an airport located in a Member State with a stop in Switzerland and final destination in a third country)
(2022/C 451/07)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: flightright GmbH
Defendant: American Airlines Inc.
Operative part of the judgment
Article 2(h) 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 the concept of a ‘connecting flight’ covers a transport operation made up of a number of flights operated by separate operating air carriers which do not have a specific legal relationship, where those flights have been combined by a travel agency which has charged an overall price and issued a single ticket for that operation, with the result that a passenger departing from an airport located in the territory of a Member State who suffers a long delay to the arrival at the destination of the last flight may rely on the right to compensation pursuant to Article 7 of that regulation.