Opinion of the Advocate General — ECLI:EU:C:2019:524
Date: 2019-06-20
Language of the case: Italian
Subject matter: Transport;Area of freedom, security and justice;Judicial cooperation in civil matters
Procedure: Reference for a preliminary ruling
Origin: Italy

Request for a preliminary ruling from the Tribunale ordinario di Roma (Italy) lodged on 26 March 2018 — Adriano Guaitoli and Others v easyJet Airline Co. Ltd (Case C-213/18) Language of the case: Italian Referring court Tribunale ordinario di Roma Parties to the main proceedings Applicants: Adriano Guaitoli, Concepción Casan Rodriguez, Alessandro Celano Tomassoni, Antonia Cirilli, Lucia Cortini, Mario Giuli, Patrizia Padroni Defendant: easyJet Airline Co. Ltd Questions referred If a party whose flight has been delayed or cancelled jointly requests, not only the standardised and lump-sum compensation provided for by Articles 5, 7 and 9 of Regulation (EC) No 261/2004, 1 but also the further compensation referred to in Article 12 of the Regulation, must Article 33 of the Montreal Convention apply, or is ‘jurisdiction’ (both international and local) governed by Article 5 of Regulation (EC) No 44/2001? 2 In the first hypothesis in question 1, must Article 33 of the Montreal Convention be interpreted to the effect that it governs only the allocation of jurisdiction among the States Parties, or as meaning that it also governs local jurisdiction within the individual State? In the first hypothesis in question 2, is the application of Article 33 of the Montreal Convention ‘exclusive’, precluding application of Article 5 of Regulation (EC) No 44/2001, or may the two provisions be applied jointly, so as to determine directly both the jurisdiction of the State and the local jurisdiction of its courts? ____________ 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 — Commission Statement (OJ 2004 L 46, p. 1). 2 Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).