# C_2016048EN.01000803.xml

| 8.2.2016 | EN | Official Journal of the European Union | C 48/8 |
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8.2.2016

EN

Official Journal of the European Union

C 48/8

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Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 13 October 2015 — Feliks Frisman v Finnair Oyj

(Case C-533/15)

(2016/C 048/14)

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Feliks Frisman

Applicant:

Defendant: Finnair Oyj

Defendant:

Questions referred

Questions referred

| 1. | Is Article 5(1)(a) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) 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 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] and 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 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) 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 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] and 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:
  When passengers are transported on one of several connecting flights without any significant stopover at the connecting airports, is the place of departure of the first leg of the journey to be regarded as being the place where the services were provided under the second indent of Article 5(1)(b) of Regulation (EC) No 44/2001 even if the flight connection has been carried out by different air carriers and the claim which has been brought is directed against the air carrier which operated a different leg of the journey, on which a significant delay occurred? |
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2.

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

When passengers are transported on one of several connecting flights without any significant stopover at the connecting airports, is the place of departure of the first leg of the journey to be regarded as being the place where the services were provided under the second indent of Article 5(1)(b) of Regulation (EC) No 44/2001 even if the flight connection has been carried out by different air carriers and the claim which has been brought is directed against the air carrier which operated a different leg of the journey, on which a significant delay occurred?

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(1)  OJ 2001 L 12, p. 1.

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