Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 26 August 2011 — Ekkerhard Schauß v Transportes Aéreos Portugueses SA

(Case C-437/11)

2011/C 331/16

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Ekkerhard Schauß

Defendant: Transportes Aéreos Portugueses SA

Question referred

Does a passenger have a right to compensation under Article 7 of Regulation (EC) No 261/2004 (1) in the case where departure was delayed for a period of time less than the limits specified in Article 6(1) of that regulation, but arrival at the final destination was at least three hours later than the scheduled arrival time?

(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).