# C_2020279EN.01003402.xml

| 24.8.2020 | EN | Official Journal of the European Union | C 279/34 |
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24.8.2020

EN

Official Journal of the European Union

C 279/34

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Request for a preliminary ruling from the Amtsgericht Hamburg (Germany) lodged on 10 June 2020 — CY v Eurowings GmbH

(Case C-252/20)

(2020/C 279/46)

Language of the case: German

Referring court

Amtsgericht Hamburg

Parties to the main proceedings

Applicant: CY

Defendant: Eurowings GmbH

Questions referred

| 1. | Can a right to compensation under Article 7 of Regulation (EC) No 261/2004 (1) also exist when a passenger misses a directly connecting flight due to a relatively minor delay in arrival, resulting in a delay in arrival at the final destination of three hours or more, where the two flights were operated by different air carriers and the booking was not made through the air carrier which operated the flight on the first segment of the journey and against which a claim has been made in the main proceedings? |
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1.

Can a right to compensation under Article 7 of Regulation (EC) No 261/2004 (1) also exist when a passenger misses a directly connecting flight due to a relatively minor delay in arrival, resulting in a delay in arrival at the final destination of three hours or more, where the two flights were operated by different air carriers and the booking was not made through the air carrier which operated the flight on the first segment of the journey and against which a claim has been made in the main proceedings?

| 2. | If the answer to Question 1 is in the affirmative:
  Is the air carrier which actually operated the delayed flight on the first segment of the journey the ‘operating air carrier’ within the meaning of Article 5(1)(c) and Article 7(1) of Regulation (EC) No 261/2004 or is the air carrier which operated the punctual flight on the second segment of the journey, via which both flights were booked, the ‘operating air carrier’ within the meaning of Article 5(1)(c) and Article 7(1) of Regulation (EC) No 261/2004? |
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2.

If the answer to Question 1 is in the affirmative:

Is the air carrier which actually operated the delayed flight on the first segment of the journey the ‘operating air carrier’ within the meaning of Article 5(1)(c) and Article 7(1) of Regulation (EC) No 261/2004 or is the air carrier which operated the punctual flight on the second segment of the journey, via which both flights were booked, the ‘operating air carrier’ within the meaning of Article 5(1)(c) and Article 7(1) of Regulation (EC) No 261/2004?

| 3. | If both air carriers are to be regarded as ‘operating air carriers’ within the meaning of Article 5(1)(c) and Article 7(1) of Regulation (EC) No 261/2004:
  Does the passenger have a choice, that is to say, can he or she make a claim against either of the air carriers? |
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3.

If both air carriers are to be regarded as ‘operating air carriers’ within the meaning of Article 5(1)(c) and Article 7(1) of Regulation (EC) No 261/2004:

Does the passenger have a choice, that is to say, can he or she make a claim against either of the air carriers?

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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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