# C_2021471EN.01002701.xml

| 22.11.2021 | EN | Official Journal of the European Union | C 471/27 |
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22.11.2021

EN

Official Journal of the European Union

C 471/27

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Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 20 August 2021 — Laudamotion GmbH v TG, QN, AirHelp Germany GmbH

(Case C-517/21)

(2021/C 471/34)

Language of the case: German

Referring court

Landesgericht Korneuburg

Parties to the main proceedings

Applicant: Laudamotion GmbH

Defendants: TG, QN, AirHelp Germany GmbH

Questions referred

| 1. | Is Article 3(2)(a) of Regulation (EC) No 261/2004 (1) to be interpreted as meaning that the regulation applies to a passenger who checks in online but does not present himself or herself at the check-in counter at the times specified in that provision? |
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1.

Is Article 3(2)(a) of Regulation (EC) No 261/2004 (1) to be interpreted as meaning that the regulation applies to a passenger who checks in online but does not present himself or herself at the check-in counter at the times specified in that provision?

| 2. | Taking into account the judgment in Sturgeon and Others, (2) is Article 5 of Regulation No 261/2004, in conjunction with Article 7 thereof, to be interpreted as meaning that — where the operating air carrier cannot avoid liability, as provided for in Article 5(3) of that regulation — the passenger has the right to compensation if:






  — | the flight is delayed in arriving at the final destination by at least three hours, |
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2.

Taking into account the judgment in Sturgeon and Others, (2) is Article 5 of Regulation No 261/2004, in conjunction with Article 7 thereof, to be interpreted as meaning that — where the operating air carrier cannot avoid liability, as provided for in Article 5(3) of that regulation — the passenger has the right to compensation if:

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the flight is delayed in arriving at the final destination by at least three hours,

| — | it was already apparent prior to boarding that the flight would reach its final destination with a delay of at least three hours, and |
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it was already apparent prior to boarding that the flight would reach its final destination with a delay of at least three hours, and

| — | the passenger did not appear for the boarding of that flight? |
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the passenger did not appear for the boarding of that flight?

If Question 2 is answered in the affirmative:

| 3. | Is this also the case where the passenger, without the involvement of the operating air carrier, books an alternative flight with which he or she reaches another airport serving the same city or region (Article 8(3) of Regulation No 261/2004) as his or her originally booked flight only slightly later than he or she would have reached the final destination of that flight as scheduled?
  If Question 2 is answered in the affirmative: |
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3.

Is this also the case where the passenger, without the involvement of the operating air carrier, books an alternative flight with which he or she reaches another airport serving the same city or region (Article 8(3) of Regulation No 261/2004) as his or her originally booked flight only slightly later than he or she would have reached the final destination of that flight as scheduled?

If Question 2 is answered in the affirmative:

| 4. | Is this also the case where the passenger, at his or her request, is rebooked by the operating air carrier onto an alternative flight with which he or she reaches his or her final destination earlier than he or she would have with the delayed originally booked flight, but nevertheless later than he or she would have with the flight originally booked had it been on schedule (and the flight onto which the passenger was rebooked does not itself have a ‘long delay’)? |
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4.

Is this also the case where the passenger, at his or her request, is rebooked by the operating air carrier onto an alternative flight with which he or she reaches his or her final destination earlier than he or she would have with the delayed originally booked flight, but nevertheless later than he or she would have with the flight originally booked had it been on schedule (and the flight onto which the passenger was rebooked does not itself have a ‘long delay’)?

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(1)  Regulation 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)  Judgment of 19 November 2009, C-402/07 and C-432/07, EU:C:2009:716.

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