# C_2023155EN.01002902.xml

| 2.5.2023 | EN | Official Journal of the European Union | C 155/29 |
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2.5.2023

EN

Official Journal of the European Union

C 155/29

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Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 24 January 2023 — AA AG v VM, AG GmbH

(Case C-33/23, Schwarzder (1))

(2023/C 155/37)

Language of the case: German

Referring court

Landesgericht Korneuburg

Parties to the main proceedings

Appellant: AA AG

Respondents: VM, AG GmbH

Questions referred

| 1. | Is Article 3(1)(a) of Regulation (EC) No 261/2004 (2) in conjunction with the Agreement between the European Community and the Swiss Confederation on Air Transport of 21 June 1999, as amended by Decision No 2/2010 of the Community/Switzerland Air Transport Committee of 26 November 2010, (3) to be interpreted as meaning that a flight connection consisting of two flights, departing from the territory of the Swiss Confederation with a stopover in the territory of a Member State and a final destination in the territory of a third country (the operating air carrier for which is, moreover, a Community carrier), falls within the scope of Regulation No261/2004? |
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1.

Is Article 3(1)(a) of Regulation (EC) No 261/2004 (2) in conjunction with the Agreement between the European Community and the Swiss Confederation on Air Transport of 21 June 1999, as amended by Decision No 2/2010 of the Community/Switzerland Air Transport Committee of 26 November 2010, (3) to be interpreted as meaning that a flight connection consisting of two flights, departing from the territory of the Swiss Confederation with a stopover in the territory of a Member State and a final destination in the territory of a third country (the operating air carrier for which is, moreover, a Community carrier), falls within the scope of Regulation No261/2004?

| 2. | Is Article 3(1)(b) and Regulation No 261/2004 in conjunction with the Agreement between the European Community and the Swiss Confederation on Air Transport of 21 June 1999, as amended by Decision No 2/2010 of the Community/Switzerland Air Transport Committee of 26 November 2010, to be interpreted as meaning that a flight connection consisting of two flights, departing from the territory of a third country with a stopover in the territory of a Member State and a final destination in the territory of the Swiss Confederation, the operating air carrier for which is a Community carrier, falls within the scope of Regulation No 261/2004? |
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2.

Is Article 3(1)(b) and Regulation No 261/2004 in conjunction with the Agreement between the European Community and the Swiss Confederation on Air Transport of 21 June 1999, as amended by Decision No 2/2010 of the Community/Switzerland Air Transport Committee of 26 November 2010, to be interpreted as meaning that a flight connection consisting of two flights, departing from the territory of a third country with a stopover in the territory of a Member State and a final destination in the territory of the Swiss Confederation, the operating air carrier for which is a Community carrier, falls within the scope of Regulation No 261/2004?

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(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  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).

(3)  Decision No 2/2010 of the Community/Switzerland Air Transport Committee set up under the Agreement between the European Community and the Swiss Confederation on Air Transport of 26 November 2010, replacing the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport (OJ 2010 L 347, p. 54).

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