C 24/10
EN
Official Journal of the European Union
17.1.2022
Parties to the main proceedings Applicants: YE, LP, AN, legally represented by her parents YE and LP, OL, legally represented by her parents YE and LP, VX, legally represented by his parents YE and LP, CE, legally represented by her parents YE and LP Defendant: Vueling Airlines SA
Operative part of the order 1.
The first sentence of Article 3(3) 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, must be interpreted as meaning that the condition of direct or indirect availability to the public, contained in that provision, does not refer to passengers travelling free of charge. 2.
The second sentence of Article 3(3) of Regulation No 261/2004 must be interpreted as meaning that a passenger who travels free of charge on account of his or her young age, but who does not have an allocated seat or a boarding pass and whose name does not appear on the reservations booked by his or her parents, is excluded from the scope of that regulation.
(1)
Date lodged: 18 December 2020
Order of the Court (Tenth Chamber) of 29 October 2021 (request for a preliminary ruling from the Sąd Rejonowy w Opatowie — Poland) — HG, TC v Ubezpieczeniowy Fundusz Gwarancyjny (Case C-688/20) (1) (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Article 3, first paragraph — Obligation to take out a contract of insurance — Scope — Unroadworthy vehicle, not registered and officially withdrawn from use) (2022/C 24/13) Language of the case: Polish Referring court Sąd Rejonowy w Opatowie
Parties to the main proceedings Applicants: HG, TC Defendant: Ubezpieczeniowy Fundusz Gwarancyjny
Operative part of the order The first paragraph of Article 3 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability must be interpreted as meaning that the conclusion of a contract of insurance against civil liability in respect of the use of a motor vehicle is not compulsory during the period in which the vehicle concerned is not roadworthy on account of its technical condition, is not registered and has been temporarily withdrawn from use in accordance with the applicable national law.
(1)
Date lodged: 17/12/2020.