# C_2021382EN.01001402.xml

| 20.9.2021 | EN | Official Journal of the European Union | C 382/14 |
| --- | --- | --- | --- |

20.9.2021

EN

Official Journal of the European Union

C 382/14

---

Request for a preliminary ruling from the Cour d’appel de Mons (Belgium) lodged on 24 June 2021 — Ryanair DAC v Happy Flights Srl, formerly Happy Flights Sprl

(Case C-386/21)

(2021/C 382/19)

Language of the case: French

Referring court

Cour d’appel de Mons

Parties to the main proceedings

Applicant: Ryanair DAC

Defendant: Happy Flights Srl, formerly Happy Flights Sprl

Questions referred

| 1. | Must Article 7(1)(a) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) be interpreted as meaning that the concept of ‘matters relating to a contract’, within the meaning of that provision, covers an action for compensation brought on the basis 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, (2) by a collection agency, a third party to the contract of carriage by air, which relies on its status as assignee of the claim, even though that agency does not demonstrate that it is the successor to all the initial contracting party’s rights and obligations? |
| --- | --- |

1.

Must Article 7(1)(a) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) be interpreted as meaning that the concept of ‘matters relating to a contract’, within the meaning of that provision, covers an action for compensation brought on the basis 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, (2) by a collection agency, a third party to the contract of carriage by air, which relies on its status as assignee of the claim, even though that agency does not demonstrate that it is the successor to all the initial contracting party’s rights and obligations?

| 2. | If the first question is answered in the affirmative, must Article 7(1)(a) and 7(1)(b) of Regulation No 1215/2012 be interpreted as meaning that the place of performance of the obligation in question is the place of performance of the contract of carriage by air, that is to say the place of departure or place of arrival of the flight, or, if appropriate, another place? |
| --- | --- |

2.

If the first question is answered in the affirmative, must Article 7(1)(a) and 7(1)(b) of Regulation No 1215/2012 be interpreted as meaning that the place of performance of the obligation in question is the place of performance of the contract of carriage by air, that is to say the place of departure or place of arrival of the flight, or, if appropriate, another place?

---

(1)  OJ 2012 L 351, p. 1.

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

---