# C_2020271EN.01002401.xml

| 17.8.2020 | EN | Official Journal of the European Union | C 271/24 |
| --- | --- | --- | --- |

17.8.2020

EN

Official Journal of the European Union

C 271/24

---

Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 6 May 2020 — Eurowings GmbH v Flightright GmbH

(Case C-196/20)

(2020/C 271/32)

Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings

Appellant: Eurowings GmbH

Respondent: Flightright GmbH

Questions referred

| 1. | Does a passenger have a ‘confirmed reservation’ within the meaning of Article 3(2)(a) of Regulation (EC) No 261/2004 (1) if he has received, from a tour operator with which he has a contract, ‘other proof’ within the meaning of Article 2(g) of this regulation, by which he is assured transport on a particular flight, individualised by points of departure and destination, times of departure and arrival and flight number, without the tour operator having made a seat reservation for that flight with the air carrier concerned and having received confirmation from the latter? |
| --- | --- |

1.

Does a passenger have a ‘confirmed reservation’ within the meaning of Article 3(2)(a) of Regulation (EC) No 261/2004 (1) if he has received, from a tour operator with which he has a contract, ‘other proof’ within the meaning of Article 2(g) of this regulation, by which he is assured transport on a particular flight, individualised by points of departure and destination, times of departure and arrival and flight number, without the tour operator having made a seat reservation for that flight with the air carrier concerned and having received confirmation from the latter?

| 2. | Is an air carrier to be regarded as an operating air carrier within the meaning of Article 2(b) of Regulation No 261/2004 in relation to a passenger if, despite the fact that that passenger has a contract with a tour operator which has promised him carriage on a particular flight, individualised by points of departure and destination, times of departure and arrival and flight number, the tour operator has not, however, reserved a seat for the passenger and has therefore not established a contractual relationship with the air carrier in respect of that flight? |
| --- | --- |

2.

Is an air carrier to be regarded as an operating air carrier within the meaning of Article 2(b) of Regulation No 261/2004 in relation to a passenger if, despite the fact that that passenger has a contract with a tour operator which has promised him carriage on a particular flight, individualised by points of departure and destination, times of departure and arrival and flight number, the tour operator has not, however, reserved a seat for the passenger and has therefore not established a contractual relationship with the air carrier in respect of that flight?

| 3. | Can the ‘scheduled time of arrival’ of a flight within the meaning of Article 2(h), Article 5(1)(c), the second sentence of Article 7(1) and Article 7(2) of Regulation No 261/2004 be determined, for the purposes of compensation for cancellation or long delay in arrival, from ‘other proof’ issued to a passenger by a tour operator, or must the ticket pursuant to Article 2(f) of this regulation be taken into account for that purpose? |
| --- | --- |

3.

Can the ‘scheduled time of arrival’ of a flight within the meaning of Article 2(h), Article 5(1)(c), the second sentence of Article 7(1) and Article 7(2) of Regulation No 261/2004 be determined, for the purposes of compensation for cancellation or long delay in arrival, from ‘other proof’ issued to a passenger by a tour operator, or must the ticket pursuant to Article 2(f) of this regulation be taken into account for that purpose?

---

(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).

---