Order of the Court (Ninth Chamber) of 18 April 2013 — Germanwings

(Case C-413/11)

‛Article 99 of the Rules of Procedure — Air transport — Regulation (EC) No 261/2004 — Passengers’ right to compensation in the event of long delay to a flight — Principle of the separation of powers in the European Union’

Transport — Air transport — Regulation No 261/2004 — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Right to compensation in the event of delay — Conditions — Interpretation of the regulation given by the Court of Justice — Principle of the separation of powers in the European Union — No effect (Arts 19(1) and (3)(b) and 13(2) TEU; Art. 267 TFEU; European Parliament and Council Regulation No 261/2004, Arts 5 to 7) (see paras 18-23, operative part)

Re:

Request for a preliminary ruling — Landgericht Köln — Interpretation of Articles 5, 6, 7, 8(1)(a) and 9 of 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) — Right to compensation in the event of delay — Limits of the jurisdiction of the Court — Scope of the interpretation given in the judgment of the Court of 19 November 2009 in Joined Cases C-402/07 and C-432/07 Sturgeon and Others, extending, by analogy, the right to compensation to delay to a flight.

Operative

The interpretation given by the Court to 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, to the effect that passengers whose flights are delayed have a right to compensation where they reach their final destination three hours or more after the arrival time initially scheduled, even though, first, Article 6 of that regulation, relating to delay, provides only for the application of measures of assistance and of care and, secondly, reference is made to Article 7 of that regulation, relating to the right to compensation, only in situations of denied boarding and flight cancellation, has no bearing on the principle of the separation of powers in the European Union.

Order of the Court (Ninth Chamber) of 18 April 2013 — Germanwings

(Case C-413/11)

‛Article 99 of the Rules of Procedure — Air transport — Regulation (EC) No 261/2004 — Passengers’ right to compensation in the event of long delay to a flight — Principle of the separation of powers in the European Union’

Transport — Air transport — Regulation No 261/2004 — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Right to compensation in the event of delay — Conditions — Interpretation of the regulation given by the Court of Justice — Principle of the separation of powers in the European Union — No effect (Arts 19(1) and (3)(b) and 13(2) TEU; Art. 267 TFEU; European Parliament and Council Regulation No 261/2004, Arts 5 to 7) (see paras 18-23, operative part)

Re:

Request for a preliminary ruling — Landgericht Köln — Interpretation of Articles 5, 6, 7, 8(1)(a) and 9 of 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) — Right to compensation in the event of delay — Limits of the jurisdiction of the Court — Scope of the interpretation given in the judgment of the Court of 19 November 2009 in Joined Cases C-402/07 and C-432/07 Sturgeon and Others, extending, by analogy, the right to compensation to delay to a flight.

Operative

The interpretation given by the Court to 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, to the effect that passengers whose flights are delayed have a right to compensation where they reach their final destination three hours or more after the arrival time initially scheduled, even though, first, Article 6 of that regulation, relating to delay, provides only for the application of measures of assistance and of care and, secondly, reference is made to Article 7 of that regulation, relating to the right to compensation, only in situations of denied boarding and flight cancellation, has no bearing on the principle of the separation of powers in the European Union.