# C_2015089EN.01001101.xml

| 16.3.2015 | EN | Official Journal of the European Union | C 89/11 |
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16.3.2015

EN

Official Journal of the European Union

C 89/11

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Request for a preliminary ruling from the Handelsgericht Wien (Austria) lodged on 29 December 2014 — Stephan Naumann v Austrian Airlines AG

(Case C-612/14)

(2015/C 089/12)

Language of the case: German

Referring court

Referring court

Handelsgericht Wien

Parties to the main proceedings

Parties to the main proceedings

Applicant: Stephan Naumann

Applicant:

Defendant: Austrian Airlines AG

Defendant:

Questions referred

Questions referred

| 1. | Must the right to compensation provided for in Article 7 (Right to compensation) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 (1) be interpreted as referring to a right to a standardised compensation payment, a contractual penalty, a right to punitive damages, a right in the nature of a claim to performance and remedies (Gewährleistung), or a sui generis right? |
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1.

Must the right to compensation provided for in Article 7 (Right to compensation) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 (1) be interpreted as referring to a right to a standardised compensation payment, a contractual penalty, a right to punitive damages, a right in the nature of a claim to performance and remedies (Gewährleistung), or a sui generis right?

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Gewährleistung

sui generis

| 2. | Must the deduction of compensation referred to in the second sentence of paragraph 1 of Article 12 (Further compensation) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 be interpreted as being required only in relation to the passenger’s right to further compensation from the operating air carrier or also in relation to the passenger’s right to further compensation from the tour operator? |
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2.

Must the deduction of compensation referred to in the second sentence of paragraph 1 of Article 12 (Further compensation) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 be interpreted as being required only in relation to the passenger’s right to further compensation from the operating air carrier or also in relation to the passenger’s right to further compensation from the tour operator?

| 3. | Must the passenger’s right to further compensation provided for by Article 12 (Further compensation) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 be interpreted as including a right to a price reduction (Gewährleistung) for a delayed flight under national law? |
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3.

Must the passenger’s right to further compensation provided for by Article 12 (Further compensation) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 be interpreted as including a right to a price reduction (Gewährleistung) for a delayed flight under national law?

Gewährleistung

| 4. | Can a right to a price reduction (Gewährleistung) and/or a right to compensation for a flight delay which the tour operator grants to a passenger under national law be deducted (Article 12 of Regulation No 261/2004) from an entitlement to compensation from the operating air carrier pursuant to Article 7 (Right to compensation) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 in respect of the same delay? |
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4.

Can a right to a price reduction (Gewährleistung) and/or a right to compensation for a flight delay which the tour operator grants to a passenger under national law be deducted (Article 12 of Regulation No 261/2004) from an entitlement to compensation from the operating air carrier pursuant to Article 7 (Right to compensation) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 in respect of the same delay?

Gewährleistung

| 5. | In so far as deduction is possible: can the air carrier always apply it, or does it depend on the extent to which national law permits it or the court regards it as appropriate? |
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5.

In so far as deduction is possible: can the air carrier always apply it, or does it depend on the extent to which national law permits it or the court regards it as appropriate?

| 6. | In so far as national law is decisive or the court has to take a decision at its own discretion: should the compensation payment pursuant to Article 7 of the regulation compensate the passenger only for inconvenience and the time lost due to the delay, or should it also compensate him for material damage? |
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6.

In so far as national law is decisive or the court has to take a decision at its own discretion: should the compensation payment pursuant to Article 7 of the regulation compensate the passenger only for inconvenience and the time lost due to the delay, or should it also compensate him for material damage?

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(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).

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