Opinion of the Advocate General — ECLI:EU:C:2019:931
Date: 2019-11-07
Language of the case: Czech
Subject matter: Transport;Area of freedom, security and justice;Judicial cooperation in civil matters
Procedure: Reference for a preliminary ruling
Origin: Czechia

Request for a preliminary ruling from the District Court for Prague 8 (Czech Republic) lodged on 26 March 2018 — Libuše Králová v Primera Air Scandinavia (Case C-215/18) Language of the case: Czech Referring court District Court for Prague 8 Parties to the main proceedings Applicant: Libuše Králová Defendant: Primera Air Scandinavia Questions referred Did a contractual relationship exist between the applicant and the defendant for the purposes of Article 5(1) of [Council] Regulation No 44/2001 1 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, even though no contract had been concluded between the applicant and the defendant and the flight was part of a package of services provided on the basis of a contract between the applicant and a third party (travel agency)? Can that relationship be qualified as a consumer relationship in accordance with Section 4, Article 15 to Article 17 of [Council] Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters? Does the defendant have legal capacity to be sued in an action seeking satisfaction of the claims arising from 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? ____________ 1 OJ 2001 L 12, p. 1.