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Document 62019CO0153
Order of the Court (Eighth Chamber) of 28 May 2020.
FZ v DER Touristik GmbH.
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 12 – Package tour – Long delay of a flight – Passenger compensation – Further compensation — Passenger’s right to a reduction of the price of the trip.
Case C-153/19.
Order of the Court (Eighth Chamber) of 28 May 2020.
FZ v DER Touristik GmbH.
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 12 – Package tour – Long delay of a flight – Passenger compensation – Further compensation — Passenger’s right to a reduction of the price of the trip.
Case C-153/19.
Court reports – general
ECLI identifier: ECLI:EU:C:2020:412
Order of the Court (Eighth Chamber) of 28 May 2020 – DER Touristik
(Case C‑153/19) ( 1 )
(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 12 – Package tour – Long delay of a flight – Passenger compensation – Further compensation —Passenger’s right to a reduction of the price of the trip)
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1. |
Questions referred for a preliminary ruling – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Application of Article 99 of the Rules of Procedure (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 99) (see paras 25, 26) |
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2. |
Transport – Air transport – Regulation No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Right to compensation in the event of delay – Concept of ‘further compensation’ – Right to a price reduction of the trip – Included – Conditions – To be determined by the national court (European Parliament and Council Regulation No 261/2004, Art. 1(1), (7) and (12)) (see paras 27, 29, 32, 33, 36, operative part) |
Operative part
Article 12 of Regulation (EC) No 261/2004 of the 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 it does not preclude a passenger, already compensated under the Article 7 of that regulation, may be compensated by means of a right to a reduction in the price of the trip he has against a tour operator, provided for by the law of the Member State concerned, to the extent that the latter compensation is granted for individual damage which originates in one of the situations provided for in Article 1(1) of that regulation, which is for the referring court to determine.
( 1 ) OJ C 182, 27.5.2019.