# C_2012366EN.01000902.xml

| 24.11.2012 | EN | Official Journal of the European Union | C 366/9 |
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24.11.2012

EN

Official Journal of the European Union

C 366/9

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Judgment of the Court (Third Chamber) of 4 October 2012 (reference for a preliminary ruling from the Korkein oikeus — Finland) — Finnair Oyj v Timy Lassooy

(Case C-22/11) (1)

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(Air transport - Regulation (EC) No 261/2004 - Compensation for passengers in the event of denied boarding - Concept of ‘denied boarding’ - Exclusion from characterisation as ‘denied boarding’ - Cancellation of a flight caused by a strike at the airport of departure - Rescheduling of flights after the cancelled flight - Right to compensation of the passengers on those flights)

2012/C 366/15

Language of the case: Finnish

Referring court

Referring court

Korkein oikeus

Parties to the main proceedings

Parties to the main proceedings

Applicant: Finnair Oyj

Applicant:

Defendant: Timy Lassooy

Defendant:

Re:

Re:

Reference for a preliminary ruling — Korkein oikeus — Interpretation of Articles 2(j), 4, 5 and 7 of 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) — Extraordinary circumstances — Flight cancelled because of a strike by staff at the airport of departure — Rescheduling of flights in order to attenuate the adverse effects for the passengers of the cancelled flight — Rescheduling also affecting later flights after the flight which was cancelled — Right to compensation of the passengers of those flights

Operative part of the judgment

Operative part of the judgment

| 1. | The concept of ‘denied boarding’, within the meaning of Articles 2(j) and 4 of 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, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. |
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1.

The concept of ‘denied boarding’, within the meaning of Articles 2(j) and 4 of 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, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons.

| 2. | Articles 2(j) and 4(3) of Regulation No 261/2004 must be interpreted as meaning that the occurrence of ‘extraordinary circumstances’ resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight. |
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2.

Articles 2(j) and 4(3) of Regulation No 261/2004 must be interpreted as meaning that the occurrence of ‘extraordinary circumstances’ resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

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(1)  OJ C 80, 12.3.2011.

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