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Document 62013CN0475

Case C-475/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 30 August 2013 — Walter Jubin v easyJet Airline Co. Ltd

IO C 359, 7.12.2013, p. 3–3 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of document:
30/08/2013
Date lodged:
30/08/2013
Author:
An Chúirt Bhreithiúnais
Form:
Faisnéis bhreithiúnach
Authentic language:
Gearmáinis
Type of procedure:
Tarchur le haghaidh réamhrialú
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Case affecting:
  • request for interpretation 32004R0261 airteagal 7
  • request for interpretation 32004R0261 airteagal 8 P1
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7.12.2013   

EN

Official Journal of the European Union

C 359/3

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 30 August 2013 — Walter Jubin v easyJet Airline Co. Ltd

(Case C-475/13)

2013/C 359/03

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Walter Jubin

Defendant: easyJet Airline Co. Ltd

Questions referred

1.

May compensation granted under national law, which is intended to reimburse additional travel costs incurred as a result of the cancellation of a booked flight, be deducted from the compensation under Article 7 of the regulation (1) if the air carrier has fulfilled its obligations under Article 8(1) of the regulation?

2.

If deduction is possible: does it also apply to the cost of alternative transportation to the final destination of the flight?

3.

In so far as deduction is possible: may the air carrier make the deduction in all cases or is it dependent on the extent to which it is permitted by national law or the court considers it equitable?

4.

In so far as national law is applicable or the court is required to take a discretionary decision: is the compensation under Article 7 of the regulation intended to redress only the inconvenience and the loss of time suffered by passengers as a result of the cancellation, or is it also intended to address material damage?

(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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