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Document 62013CN0262

Case C-262/13: Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 14 May 2013 — Ekkehard Aleweld v Condor Flugdienst GmbH

OJ C 215, 27.7.2013, p. 7–7 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 215, 27.7.2013, p. 5–5 (HR)

27.7.2013   

EN

Official Journal of the European Union

C 215/7


Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 14 May 2013 — Ekkehard Aleweld v Condor Flugdienst GmbH

(Case C-262/13)

2013/C 215/09

Language of the case: German

Referring court

Amtsgericht Rüsselsheim

Parties to the main proceedings

Applicant: Ekkehard Aleweld

Defendant: Condor Flugdienst GmbH

Questions referred

1.

Is there also a right under Article 7 of Regulation No 261/20004 (1) to compensation where the departure of the booked flight is delayed by more than three hours, the passenger rebooks on another airline and the delay on arrival compared with the original flight is thereby appreciably reduced, whilst both the original flight and the replacement flight arrive at the original destination far more than three hours late?

2.

If Question 1 is answered in the affirmative: is it decisive in this regard that the period of five hours, specified in Article 6(1)(iii), for application of Article 8(1) of the regulation has or has not expired?

3.

Is it material whether the rebooking was made independently by the passenger or with the defendant’s help?


(1)  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).


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