# C_2020271EN.01002301.xml

| 17.8.2020 | EN | Official Journal of the European Union | C 271/23 |
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17.8.2020

EN

Official Journal of the European Union

C 271/23

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Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 30 April 2020 — JG, represented for legal purposes by MI and LH, and Others v OP, acting as liquidator of Azurair GmbH

(Case C-188/20)

(2020/C 271/31)

Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings

Appellants: JG, LH, MI and NJ, all represented for legal purposes by MI and LH

Respondent: OP, acting as liquidator of Azurair GmbH

Intervener: alltours flugreisen 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 Regulation No 261/2004, 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? |
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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 Regulation No 261/2004, 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? |
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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 Regulation (EC) No 261/2004 be taken into account for that purpose? |
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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 Regulation (EC) No 261/2004 be taken into account for that purpose?

| 4. | Has there been a cancellation of a flight within the meaning of Article 2(l) and Article 5(1) of Regulation No 261/2004 if the operating air carrier brings a flight booked as part of a package tour forward by at least two hours and ten minutes within the same day? |
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4.

Has there been a cancellation of a flight within the meaning of Article 2(l) and Article 5(1) of Regulation No 261/2004 if the operating air carrier brings a flight booked as part of a package tour forward by at least two hours and ten minutes within the same day?

| 5. | Can the operating air carrier reduce the compensation under Article 7(1) of Regulation No 261/2004 in accordance with Article 7(2) of that regulation if the amount of time by which a flight has been brought forward is within the periods specified in that provision? |
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5.

Can the operating air carrier reduce the compensation under Article 7(1) of Regulation No 261/2004 in accordance with Article 7(2) of that regulation if the amount of time by which a flight has been brought forward is within the periods specified in that provision?

| 6. | Does it constitute an offer of re-routing within the meaning of Article 5(1)(a) and Article 8(1)(b) of Regulation No 261/2004 if a passenger is informed, before the beginning of his journey, that his flight has been brought forward? |
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6.

Does it constitute an offer of re-routing within the meaning of Article 5(1)(a) and Article 8(1)(b) of Regulation No 261/2004 if a passenger is informed, before the beginning of his journey, that his flight has been brought forward?

| 7. | Does Article 14(2) of Regulation No 261/2004 oblige the operating air carrier to inform the passenger of the exact company name and address from which he can request a sum on a sliding scale based on distance, the amount of that sum, and, if applicable, the documents that he should attach to his request? |
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7.

Does Article 14(2) of Regulation No 261/2004 oblige the operating air carrier to inform the passenger of the exact company name and address from which he can request a sum on a sliding scale based on distance, the amount of that sum, and, if applicable, the documents that he should attach to his request?

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(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).

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