EN
15.5.2023
Official Journal of the European Union
C 173/15
By the second branch, the Commission argues that the General Court committed an error of law in holding that the decision infringes the principle of legal certainty.
On the contrary, the decision increased legal certainty, in declaring that the measure is compatible with the internal market as soon as the Commission has reached that conclusion.
(1) 2
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Commission Decision C(2020) final 2998 of 12 May 2020 concerning State Aid SA.54537 (2020/NN) — Netherlands — Prohibition of coal for the production of electricity in the Netherlands.
Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ 2015 L 248, p. 9).
Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 3 February 2023 — WY v Laudamotion GmbH, Ryanair DAC (Case C-54/23, Laudamotion and Ryanair) (2023/C 173/21) Language of the case: German Referring court Bundesgerichtshof Parties to the main proceedings Applicant: WY Defendants: Laudamotion GmbH, Ryanair DAC Questions referred 1.
Is a right to compensation for a flight delay of at least three hours precluded in general under Articles 5, 6 and 7 of the Regulation (1) where, faced with a long delay, the passenger uses a self-booked replacement flight and thereby reaches the final destination with a delay of less than three hours, or can a right to compensation exist in that situation in any event where, before the time by which the passenger must present himself for check-in, there is already sufficiently reliable information indicating that the flight will arrive at its final destination with a delay of at least three hours? 2.
In the event that Question 1 is to be answered in the latter sense: does a right to compensation for a flight delay of at least three hours under Articles 5, 6 and 7 of the Regulation in that situation require the passenger to present himself for check-in in good time under Article 3(2)(a) of the Regulation?
(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).
Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 2 February 2023 — JH v Policejní prezidium (Case C-57/23, Policejní prezidium) (2023/C 173/22) Language of the case: Czech Referring court Nejvyšší správní soud Parties to the main proceedings Applicant: JH Defendant: Policejní prezidium