# C_2022389EN.01000901.xml

| 10.10.2022 | EN | Official Journal of the European Union | C 389/9 |
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10.10.2022

EN

Official Journal of the European Union

C 389/9

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Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 4 August 2022 — GE v British Airways Plc

(Case C-522/22)

(2022/C 389/11)

Language of the case: German

Referring court

Landgericht Frankfurt am Main

Parties to the main proceedings

Applicant: GE

Defendant: British Airways Plc

Questions referred

| 1. | Must Article 8(1)(a) of Regulation (EC) No 261/2004, (1) in conjunction with Article 7(3) thereof, be interpreted as meaning that a passenger who has paid for a flight partly in frequent flyer miles may claim from the operating air carrier, which is not his or her contracting partner, reimbursement (only) in frequent flyer miles in that respect? |
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1.

Must Article 8(1)(a) of Regulation (EC) No 261/2004, (1) in conjunction with Article 7(3) thereof, be interpreted as meaning that a passenger who has paid for a flight partly in frequent flyer miles may claim from the operating air carrier, which is not his or her contracting partner, reimbursement (only) in frequent flyer miles in that respect?

| 2. | In the event that the Court answers the first question in the affirmative:
  Does Regulation No 261/2004 preclude national legislation under which, in the event of failure to provide reimbursement in the form of frequent flyer miles, contrary to the corresponding obligation under Article 8(1)(a) of that regulation, compensation in lieu of performance may be claimed from the operating air carrier, or is the passenger bound by his or her original request for reimbursement in frequent flyer miles? |
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2.

In the event that the Court answers the first question in the affirmative:

Does Regulation No 261/2004 preclude national legislation under which, in the event of failure to provide reimbursement in the form of frequent flyer miles, contrary to the corresponding obligation under Article 8(1)(a) of that regulation, compensation in lieu of performance may be claimed from the operating air carrier, or is the passenger bound by his or her original request for reimbursement in frequent flyer miles?

| 3. | In the event that the Court answers the first question in the negative:
  In the event that the passenger may also claim reimbursement in money or is reimbursed in money, must Article 8(1)(a) of Regulation No 261/2004, in conjunction with Article 7(3) thereof, be interpreted as meaning that, as reimbursement of the cost of the ticket (...) at the price at which it was bought, the passenger is reimbursed by the operating air carrier the amount in money which would enable, or would have enabled, him or her to purchase, without using frequent flyer miles, re-routing, under comparable transport conditions, to his or her final destination at the earliest opportunity or at a later date at his or her convenience, subject to availability of seats? |
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3.

In the event that the Court answers the first question in the negative:

In the event that the passenger may also claim reimbursement in money or is reimbursed in money, must Article 8(1)(a) of Regulation No 261/2004, in conjunction with Article 7(3) thereof, be interpreted as meaning that, as reimbursement of the cost of the ticket (...) at the price at which it was bought, the passenger is reimbursed by the operating air carrier the amount in money which would enable, or would have enabled, him or her to purchase, without using frequent flyer miles, re-routing, under comparable transport conditions, to his or her final destination at the earliest opportunity or at a later date at his or her convenience, subject to availability of seats?

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(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).

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