# C_2021452EN.01000601.xml

| 8.11.2021 | EN | Official Journal of the European Union | C 452/6 |
| --- | --- | --- | --- |

8.11.2021

EN

Official Journal of the European Union

C 452/6

---

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 15 July 2021 — flightright GmbH v American Airlines, Inc.

(Case C-436/21)

(2021/C 452/06)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant and appellant on a point of law: flightright GmbH

Defendant and respondent in the appeal on a point of law: American Airlines, Inc.

Questions referred

| 1. | If a travel agency combines connecting flights from different air carriers into one transport operation, charges the passenger an overall price and issues a single electronic ticket for the journey, do these qualify as direct connecting flights within the meaning of Article 2(h) of the Regulation, or does there also need to be a specific legal relationship between the operating air carriers? (1) |
| --- | --- |

1.

If a travel agency combines connecting flights from different air carriers into one transport operation, charges the passenger an overall price and issues a single electronic ticket for the journey, do these qualify as direct connecting flights within the meaning of Article 2(h) of the Regulation, or does there also need to be a specific legal relationship between the operating air carriers? (1)

| 2. | If there needs to be a specific legal relationship between the operating air carriers:
  Is it sufficient if two successive connecting flights, to be operated by the same air carrier, are combined in a reservation of the kind described in Question 1? |
| --- | --- |

2.

If there needs to be a specific legal relationship between the operating air carriers:

Is it sufficient if two successive connecting flights, to be operated by the same air carrier, are combined in a reservation of the kind described in Question 1?

| 3. | If Question 2 is answered in the affirmative:
  Are Article 2 of the Agreement and the reference to Regulation (EC) No 261/2004 (2) in the Annex to Decision No 1/2006 of the Community/Switzerland Air Transport Committee of [18 October 2006] (3) (OJ 2006 L 298, p. 23) to be interpreted as meaning that the Regulation also applies to passengers boarding a flight to a third country at an airport in Switzerland? |
| --- | --- |

3.

If Question 2 is answered in the affirmative:

Are Article 2 of the Agreement and the reference to Regulation (EC) No 261/2004 (2) in the Annex to Decision No 1/2006 of the Community/Switzerland Air Transport Committee of [18 October 2006] (3) (OJ 2006 L 298, p. 23) to be interpreted as meaning that the Regulation also applies to passengers boarding a flight to a third country at an airport in Switzerland?

---

(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).

(2)  OJ 2002 L 114, p. 73.

(3)  Decision No 1/2006 of the Community/Switzerland Air Transport Committee of 18 October 2006 amending the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport (OJ 2006 L 298, p. 23).

---