Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62013CN0476

    Case C-476/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 30 August 2013 — Heidemarie Retzlaff v easyJet Airline Co. Ltd

    IO C 359, 7.12.2013, p. 3–4 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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 — Heidemarie Retzlaff v easyJet Airline Co. Ltd

    (Case C-476/13)

    2013/C 359/04

    Language of the case: German

    Referring court

    Bundesgerichtshof

    Parties to the main proceedings

    Applicant and appellant on a point of law: Heidemarie Retzlaff

    Defendant and respondent in the appeal on a point of law: easyJet Airline Co. Ltd

    Questions referred

    1.

    May a right to 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 granted under Article 7 of the regulation (1) if the air carrier has fulfilled its obligations under Articles 8(1) and 9(1) of the regulation?

    2.

    If deduction is possible: does this also apply to the costs 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 on the extent to which the court considers it equitable?

    4.

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

    Top