Official Journal of the European Union

C 289/26

Request for a preliminary ruling from the Landgericht Hamburg (Germany) lodged on 22 April 2021 — TUIfly GmbH v FI, RE

(Case C-253/21)

(2021/C 289/37)

Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings

Appellant: TUIfly GmbH

Respondents: FI, RE

Question referred

Must Article 5(1)(c)(iii), Article 7(1) and Article 8(3) of Regulation (EC) No 261/2004 (1) be interpreted as meaning that, in the case where a flight lands at an airport of arrival other than that for which the booking was made, which is not located in the same city, town or region as the airport of arrival for which the booking was made, and the passengers are subsequently transferred from that airport by coach to the airport of arrival for which the original booking was made, which the passengers reach with a delay in arrival of less than three hours, there is a cancellation of the flight?

(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).