CELEX: 62017CN0532
Language: en
Date: 2017-09-11 00:00:00
Title: Case C-532/17: Request for a preliminary ruling from the Landgericht Hamburg (Germany) lodged on 11 September 2017 — Wolfgang Wirth and Others v Thomson Airways Ltd.

27.11.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 402/12
            
         Request for a preliminary ruling from the Landgericht Hamburg (Germany) lodged on 11 September 2017 — Wolfgang Wirth and Others v Thomson Airways Ltd.
   (Case C-532/17)
   (2017/C 402/14)
   Language of the case: German
   
      Referring court
   
   Landgericht Hamburg
   
      Parties to the main proceedings
   
   
      Applicants: Wolfgang Wirth, Theodor Mülder, Ruth Mülder, Gisela Wirth
   
      Defendant: Thomson Airways Ltd.
   
      Question referred
   
   Is the concept of ‘operating air carrier’ in 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 (1), to be interpreted as meaning that an air carrier which leases to another air carrier an aircraft, including crew, for a contractually-stipulated number of flights under a so-called wet lease, but which does not bear the principal operational responsibility for the individual flights, and where it is stated in the passengers’ booking confirmation that the flight is ‘operated by …’ that very carrier, is the operating air carrier within the meaning of that regulation?
   
      (1)  OJ 2004 L 46, p. 1.