LG Hamburg; 2019-12-09; 321 S 80/18
Decision by national courts in the field of European Union law — ECLI:DE:LGHH:2019:1209.321S80.18.00
Date: 2019-12-09
Subject matter: Judicial cooperation in civil matters;Lugano Convention
Origin: Germany

82019DE1209(51)_ENG_SUMJURE
JURE summary
JURE summary
The dispute concerned a request for a preliminary ruling submitted to the Court of Justice of the European Union regarding the interpretation of Regulation (EC) 261/2004 (1) and the Agreement on Air Transport (2). The case was dealt with by the Landgericht Hamburg (hereinafter ‘the Court of Appeal’).
The parties to the dispute were a defendant domiciled in Switzerland and the plaintiff. Based on an assigned right, the plaintiff filed an action against the defendant demanding compensation under Regulation (EC) 261/2004. Both assignors booked flights from B through Z. to H. with a travel agency. The flight from B. to Z. carried out by the defendant landed with a delay, causing the assignors to miss the connecting flight to H. The Amtsgericht Hamburg (hereinafter ‘the Court of First Instance’) dismissed the action. The plaintiff pursued its claim further and lodged an appeal, which the defendant contested.
Any possible entitlement of the plaintiff to receive compensation depended on the fact whether the Regulation (EC) 261/2004 was applicable to the flight from B. to Z. or not. The Court of Appeal was of the opinion that it had not been decided yet whether the Regulation also applied to cases where a flight started in a third country with a Swiss destination and where the flight was conducted by a Swiss air carrier. The entitlement to receive compensation also depended on the interpretation of Article 7 of Regulation (EC) 261/2004, namely whether such entitlement also existed in a case where both flights were bought with one travel agency but carried out by different air carriers.
The Court of Appeal stayed the proceedings and submitted questions for a preliminary ruling to the Court of Justice of the European Union citing that the applicability of the Regulation (EC) 261/2004 depended on the interpretation of the Agreement on Air Transport. The Court of Appeal expressed the opinion that it could resume the case only after the clarification of the following questions:
Is the Agreement on Air Transport to be interpreted in the way that Article 3(1)(a) also applies to passengers who flew from a third country through a Swiss airport with a connecting flight to a Member State?
Can an entitlement to compensation under Article 7 of the Regulation (EC) 261/2004 also exist in cases where air passengers miss their connecting flight due to a delay on arrival, leading to a delay of more than three hours or more at the final destination if the flights had been carried out by different air carriers and the booking was confirmed by a single travel agency which organised the flights for the passengers?
(1) 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.
(2) Agreement between the European Community and the Swiss Confederation on Air Transport.