# C_2016314EN.01000501.xml

| 29.8.2016 | EN | Official Journal of the European Union | C 314/5 |
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29.8.2016

EN

Official Journal of the European Union

C 314/5

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Judgment of the Court (Third Chamber) of 22 June 2016 (request for a preliminary ruling from the Amtsgericht Düsseldorf — Germany) — Steef Mennens v Emirates Direktion für Deutschland

(Case C-255/15) (1)

1

((Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 2(f) and Article 10(2) - Partial reimbursement of the ticket price where a passenger is downgraded on a flight - Concepts of ‘ticket’ and ‘price of the ticket’ - Calculation of the reimbursement owed to the passenger))

(2016/C 314/07)

Language of the case: German

Referring court

Referring court

Amtsgericht Düsseldorf

Parties to the main proceedings

Parties to the main proceedings

Applicant: Steef Mennens

Applicant:

Defendant: Emirates Direktion für Deutschland

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 10(2), read in conjunction with Article 2(f), 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 meaning that where a passenger is downgraded on a flight, the price to be taken into account in determining the reimbursement for the passenger affected is the price of the flight on which he was downgraded unless that price is not indicated on the ticket entitling him to transport on that flight, in which case it must be based on the part of the price of the ticket corresponding to the quotient resulting from the distance of that flight and the total distance which the passenger is entitled to travel. |
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1.

Article 10(2), read in conjunction with Article 2(f), 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 meaning that where a passenger is downgraded on a flight, the price to be taken into account in determining the reimbursement for the passenger affected is the price of the flight on which he was downgraded unless that price is not indicated on the ticket entitling him to transport on that flight, in which case it must be based on the part of the price of the ticket corresponding to the quotient resulting from the distance of that flight and the total distance which the passenger is entitled to travel.

| 2. | Article 10(2) of Regulation No 261/2004 must be interpreted as meaning that, the price of the ticket to be taken into consideration for the purposes of determining the reimbursement owed to that passenger, where he is downgraded on a flight, is solely the price of the flight itself, to the exclusion of taxes and charges indicated on that ticket, as long as neither the requirement to pay those taxes and charges nor their amount depends on the class for which that ticket has been purchased. |
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2.

Article 10(2) of Regulation No 261/2004 must be interpreted as meaning that, the price of the ticket to be taken into consideration for the purposes of determining the reimbursement owed to that passenger, where he is downgraded on a flight, is solely the price of the flight itself, to the exclusion of taxes and charges indicated on that ticket, as long as neither the requirement to pay those taxes and charges nor their amount depends on the class for which that ticket has been purchased.

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(1)  OJ C 394, 7.9.2015.

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