# C_2022213EN.01001202.xml

| 30.5.2022 | EN | Official Journal of the European Union | C 213/12 |
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30.5.2022

EN

Official Journal of the European Union

C 213/12

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Judgment of the Court (Fourth Chamber) of 7 April 2022 (request for a preliminary ruling from the Nederlandstalige ondernemingsrechtbank Brussel — Belgium) — Q, R, S v United Airlines Inc.

(Case C-561/20) (1)

(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights - Connecting flight consisting of two legs - Significant delay to final destination caused in the second leg of that flight linking two airports in a third country - Validity of that regulation under international law)

(2022/C 213/14)

Language of the case: Dutch

Referring court

Nederlandstalige ondernemingsrechtbank Brussel

Parties to the main proceedings

Applicants: Q, R, S

Defendant: United Airlines Inc.

Operative part of the judgment

| 1. | Article 3(1)(a), read in conjunction with Articles 6 and 7 of 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, must be interpreted as meaning that a passenger on a connecting flight, comprising two legs and subject to a single booking with a Community carrier, departing from an airport located in the territory of a Member State and arriving at an airport located in a third country via another airport in that third country, is entitled to compensation from the third-country air carrier which operated the entirety of that flight acting on behalf of that Community carrier, where that passenger has reached his or her final destination with a delay of more than three hours caused in the second leg of the said flight; |
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1.

Article 3(1)(a), read in conjunction with Articles 6 and 7 of 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, must be interpreted as meaning that a passenger on a connecting flight, comprising two legs and subject to a single booking with a Community carrier, departing from an airport located in the territory of a Member State and arriving at an airport located in a third country via another airport in that third country, is entitled to compensation from the third-country air carrier which operated the entirety of that flight acting on behalf of that Community carrier, where that passenger has reached his or her final destination with a delay of more than three hours caused in the second leg of the said flight;

| 2. | The examination of the second question referred for a preliminary ruling has disclosed no factor such as to affect the validity of Regulation No 261/2004 in the light of the principle of customary international law according to which each State has complete and exclusive sovereignty over its airspace. |
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2.

The examination of the second question referred for a preliminary ruling has disclosed no factor such as to affect the validity of Regulation No 261/2004 in the light of the principle of customary international law according to which each State has complete and exclusive sovereignty over its airspace.

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(1)  OJ C 128, 12.4.2021.

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