CELEX: 62011CN0365
Language: en
Date: 2011-07-08 00:00:00
Title: Case C-365/11: Reference for a preliminary ruling from the Tribunal de Pequena Instância Cível de Lisboa (Portugal) lodged on 8 July 2011 — João Nuno Esteves Coelho dos Santos v TAP Portugal

24.9.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/10
            
         Reference for a preliminary ruling from the Tribunal de Pequena Instância Cível de Lisboa (Portugal) lodged on 8 July 2011 — João Nuno Esteves Coelho dos Santos v TAP Portugal
   (Case C-365/11)
   2011/C 282/18
   Language of the case: Portuguese
   
      Referring court
   
   Tribunal de Pequena Instância Cível de Lisboa
   
      Parties to the main proceedings
   
   
      Applicant: João Nuno Esteves Coelho dos Santos
   
      Defendant: TAP Portugal
   
      Question referred
   
   As a result of the judgment of the Court of Justice of 19 November 2009 in Joined Cases C-402/07 and C-432/07 (1), in which it was held that Articles 5, 6 and 7 of Regulation No 261/2004 (2) must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled where the time that they have lost due to the delayed flight is more than three hours, should the said articles be interpreted in the same way in the case of a flight that, having started on time at the place of departure, was delayed at the stop-over airport for three hours and fifty five minutes before taking off again because the airline, for operational reasons, decided to change equipment, where the equipment that replaced the previous equipment had already broken down prior to the stopover and needed a technical intervention, so that the flight arrived at the destination location with the said delay of three hours and fifty five minutes?
   
      (1)  OJ C 24, 30.1.2010, p. 4
   
   
      (2)  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)