CELEX: 62011CN0255
Language: en
Date: 2011-05-24 00:00:00
Title: Case C-255/11: Reference for a preliminary ruling from the Amtsgericht Geldern (Germany) lodged on 24 May 2011 — Nadine Büsch and Björn Siever v Ryanair Ltd

30.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 226/15
            
         Reference for a preliminary ruling from the Amtsgericht Geldern (Germany) lodged on 24 May 2011 — Nadine Büsch and Björn Siever v Ryanair Ltd
   (Case C-255/11)
   2011/C 226/28
   Language of the case: German
   
      Referring court
   
   Amtsgericht Geldern
   
      Parties to the main proceedings
   
   
      Applicants: Nadine Büsch and Björn Siever
   
      Defendant: Ryanair Ltd
   
      Questions referred
   
   
               1.
            
            
               Does the right to compensation laid down in Article 7 of the Air Passenger Rights Regulation (1) constitute a claim for damages which is subject to the limits of liability set out in the Montreal Convention, by virtue of the first sentence of Article 29 (2) thereof, where it is to be granted because of a long delay of a flight?
            
         
               2.
            
            
               Is the right to compensation under Article 7 of the Air Passenger Rights Regulation non-compensatory within the meaning of the second sentence of Article 29 of the Montreal Convention in so far as it exceeds the damage incurred by the air passenger as a result of the long delay? Does this preclude a right to compensation entirely or does such a right arise in the event of delays only in the amount of the damage actually incurred?
            
         
      (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 Decision of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ 2001 L 194, p. 38).