CELEX: 62016CN0447
Language: en
Date: 2016-08-11 00:00:00
Title: Case C-447/16: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 11 August 2016 — Roland Becker v Hainan Airlines Co. Ltd.

21.11.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 428/5
            
         Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 11 August 2016 — Roland Becker v Hainan Airlines Co. Ltd.
   (Case C-447/16)
   (2016/C 428/06)
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Roland Becker
   
      Defendant: Hainan Airlines Co. Ltd
   
      Question referred
   
   Where passengers are transported on two flights without any significant stopover at the connecting airports, is the place of departure of the first leg of the journey to be regarded as being the place where the services were provided under the second indent of Article 5(1)(b) of Regulation (EC) No 44/2001, (1) even when the claim advanced in the application for compensation under Article 7 of Regulation (EC) No 261/2004 (2) is based on a disruption to the second leg of the journey and the action is brought against the party to the contract of carriage, which, although it was the operating air carrier for the second flight, was not the operating air carrier for the first flight?
   
      (1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).
   
      (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).