# C_2016428EN.01000502.xml

| 21.11.2016 | EN | Official Journal of the European Union | C 428/5 |
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21.11.2016

EN

Official Journal of the European Union

C 428/5

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Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 11 August 2016 — Mohamed Barkan, Souad Asbai, Assia Barkan, Zakaria Barkan, Nousaiba Barkan v Air Nostrum L.A.M. S.A.

(Case C-448/16)

(2016/C 428/07)

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicants: Mohamed Barkan, Souad Asbai, Assia Barkan, Zakaria Barkan, Nousaiba Barkan

Applicants:

Defendant: Air Nostrum L.A.M. S.A.

Defendant:

Questions referred

Questions referred

| 1. | Is Article 5(1)(a) of Council Regulation (EC) No 44/2001 (1) of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters to be interpreted as meaning that the concept of ‘matters relating to a contract’ also covers a claim for compensation made under Article 7 of Regulation (EC) No 261/2004 (2) 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 which is brought against an operating air carrier which is not a party to the contract with the passenger concerned? |
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1.

Is Article 5(1)(a) of Council Regulation (EC) No 44/2001 (1) of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters to be interpreted as meaning that the concept of ‘matters relating to a contract’ also covers a claim for compensation made under Article 7 of Regulation (EC) No 261/2004 (2) 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 which is brought against an operating air carrier which is not a party to the contract with the passenger concerned?

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| 2. | Insofar as Article 5(1) of Regulation (EC) No 44/2001 is applicable:
  Where passengers are transported on two flights without any significant stopover at the connecting airports, is the passenger’s final destination to be regarded as the place where the services were provided under the second indent of Article 5(1)(b) of Regulation (EC) No 44/2001 even when the claim advanced in the application for compensation under Article 7 of Regulation (EC) No 261/2004 is based on a disruption to the first leg of the journey and the action is brought against the operating air carrier of the first flight, which is not party to the contract of carriage? |
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2.

Insofar as Article 5(1) of Regulation (EC) No 44/2001 is applicable:

Where passengers are transported on two flights without any significant stopover at the connecting airports, is the passenger’s final destination to be regarded as the place where the services were provided under the second indent of Article 5(1)(b) of Regulation (EC) No 44/2001 even when the claim advanced in the application for compensation under Article 7 of Regulation (EC) No 261/2004 is based on a disruption to the first leg of the journey and the action is brought against the operating air carrier of the first flight, which is not party to the contract of carriage?

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(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).

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(2)  OJ 2004 L 46, p. 1.

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