# C_2013359EN.01000302.xml

| 7.12.2013 | EN | Official Journal of the European Union | C 359/3 |
| --- | --- | --- | --- |

7.12.2013

EN

Official Journal of the European Union

C 359/3

---

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 30 August 2013 — Heidemarie Retzlaff v easyJet Airline Co. Ltd

(Case C-476/13)

2013/C 359/04

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant and appellant on a point of law: Heidemarie Retzlaff

Applicant and appellant on a point of law:

Defendant and respondent in the appeal on a point of law: easyJet Airline Co. Ltd

Defendant and respondent in the appeal on a point of law:

Questions referred

Questions referred

| 1. | May a right to compensation granted under national law which is intended to reimburse additional travel costs incurred as a result of the cancellation of a booked flight be deducted from the compensation granted under Article 7 of the regulation (1) if the air carrier has fulfilled its obligations under Articles 8(1) and 9(1) of the regulation? |
| --- | --- |

1.

May a right to compensation granted under national law which is intended to reimburse additional travel costs incurred as a result of the cancellation of a booked flight be deducted from the compensation granted under Article 7 of the regulation (1) if the air carrier has fulfilled its obligations under Articles 8(1) and 9(1) of the regulation?

1

| 2. | If deduction is possible: does this also apply to the costs of alternative transportation to the final destination of the flight? |
| --- | --- |

2.

If deduction is possible: does this also apply to the costs of alternative transportation to the final destination of the flight?

| 3. | In so far as deduction is possible: may the air carrier make the deduction in all cases or is it dependent on the extent to which it is permitted by national law or on the extent to which the court considers it equitable? |
| --- | --- |

3.

In so far as deduction is possible: may the air carrier make the deduction in all cases or is it dependent on the extent to which it is permitted by national law or on the extent to which the court considers it equitable?

| 4. | In so far as national law is determinant or the court is required to take a discretionary decision: is the payment of compensation under Article 7 of the regulation intended to redress only the inconvenience and loss of time suffered by passengers as a result of the cancellation, or is it intended also to redress material damage? |
| --- | --- |

4.

In so far as national law is determinant or the court is required to take a discretionary decision: is the payment of compensation under Article 7 of the regulation intended to redress only the inconvenience and loss of time suffered by passengers as a result of the cancellation, or is it intended also to redress material damage?

---

(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).

1

---