# C_2014129EN.01000801.xml

| 28.4.2014 | EN | Official Journal of the European Union | C 129/8 |
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28.4.2014

EN

Official Journal of the European Union

C 129/8

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Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 9 January 2014 — Wucher Helicopter GmbH, Euro-Aviation Versicherungs AG v Fridolin Santer

(Case C-6/14)

(2014/C 129/10)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Defendants and appellants on a point of law: Wucher Helicopter GmbH, Euro-Aviation Versicherungs AG

Applicant and respondent: Fridolin Santer

Questions referred

| 1. | Is Article 3(g) of Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators (1) to be interpreted as meaning that the occupant of a helicopter held by a Community air carrier,






  — | who is carried on a contractual basis (specifically: a contract between the air carrier and the occupant’s employer), |
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1.

Is Article 3(g) of Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators (1) to be interpreted as meaning that the occupant of a helicopter held by a Community air carrier,

—

who is carried on a contractual basis (specifically: a contract between the air carrier and the occupant’s employer),

| — | but who is carried for the purpose of a particular job of work (specifically: the blasting of avalanches) and |
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—

but who is carried for the purpose of a particular job of work (specifically: the blasting of avalanches) and

| — | who is involved in that operation as a ‘guide familiar with the terrain’ and must at the pilot’s direction open the helicopter door during the flight and then hold it open in a particular manner and for a particular period of time,






  (a) | is a ‘passenger’ or |
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—

who is involved in that operation as a ‘guide familiar with the terrain’ and must at the pilot’s direction open the helicopter door during the flight and then hold it open in a particular manner and for a particular period of time,

(a)

is a ‘passenger’ or

| (b) | ranks among ‘on-duty members of both the flight crew and the cabin crew’? |
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(b)

ranks among ‘on-duty members of both the flight crew and the cabin crew’?

| 2. | If Question 1(a) is answered in the affirmative:
  Is Article 17(1) of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999
   (2) to be interpreted as meaning that the term ‘passenger’ (German: ‘Reisender’) in any event includes a ‘passenger’ (German: ‘Fluggast’) within the meaning of Article 3(g) of Regulation (EC) No 785/2004? |
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2.

If Question 1(a) is answered in the affirmative:

Is Article 17(1) of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999
   (2) to be interpreted as meaning that the term ‘passenger’ (German: ‘Reisender’) in any event includes a ‘passenger’ (German: ‘Fluggast’) within the meaning of Article 3(g) of Regulation (EC) No 785/2004?

| 3. | If Question 2 is answered in the negative:
  Is Article 17(1) of the Montreal Convention to be interpreted as meaning that under the conditions stated in Question 1 the occupant of a helicopter held by a Community air carrier is a ‘passenger’ (‘Reisender’)? |
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3.

If Question 2 is answered in the negative:

Is Article 17(1) of the Montreal Convention to be interpreted as meaning that under the conditions stated in Question 1 the occupant of a helicopter held by a Community air carrier is a ‘passenger’ (‘Reisender’)?

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(1)  
  OJ 2004 L 138, p. 1.

(2)  
  OJ 2001 L 194, p. 39.

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