Opinion of the Advocate General — ECLI:EU:C:2019:275
Date: 2019-03-28
Language of the case: Dutch
Subject matter: Transport
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Request for a preliminary ruling from the Rechtbank Noord-Nederland (Netherlands) lodged on 1 March 2018 — HQ, on her own behalf and as the legal representative of her minor child IP, JO v Aegean Airlines SA (Case C-163/18) Language of the case: Dutch Referring court Rechtbank Noord-Nederland Parties to the main proceedings Applicants: HQ, on her own behalf and as the legal representative of her minor child IP, JO Defendant: Aegean Airlines SA Questions referred 1. Must Article 8(2) of Regulation No 261/2004 1 be interpreted as meaning that a passenger who, under Directive 90/[314]/EEC 2 on package travel (as implemented in national law), has the right to hold his tour organiser liable for reimbursement of the cost of his ticket, can no longer claim reimbursement from the air carrier? 2. If the answer to Question 1 is in the affirmative, can a passenger nevertheless hold the air carrier liable for reimbursement of the cost of his ticket if it is to be assumed that his tour organiser, if it were to be held liable, would be financially incapable of actually reimbursing the cost of the ticket and that tour organiser has also not taken any safeguard measures to guarantee reimbursement? ____________ 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 (OJ 2004 L 46, p. 1). 2 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ 1990 L 158, p. 59).