CELEX: 62019CN0530
Language: en
Date: 2019-07-11 00:00:00
Title: Case C-530/19: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 11 July 2019 — NM, acting as insolvency administrator in the insolvency proceedings concerning the assets of NIKI Luftfahrt GmbH v ON

30.9.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 328/25
            
         
      Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 11 July 2019 — NM, acting as insolvency administrator in the insolvency proceedings concerning the assets of NIKI Luftfahrt GmbH v ON
      (Case C-530/19)
      (2019/C 328/28)
      Language of the case: German
      
         Referring court
      
      Oberster Gerichtshof
      
         Parties to the main proceedings
      
      
         Defendant, respondent and appellant on a point of law: NM, acting as insolvency administrator in the insolvency proceedings concerning the assets of NIKI Luftfahrt GmbH
      
         Applicant, appellant and respondent in the appeal on a point of law: ON
      
         Questions referred
      
      
                  1.
               
               
                  Is an air carrier which, under Article 5(1)(b) of Regulation (EC) No 261/2004 (the Flight Passenger Rights Regulation), (1) is required to offer assistance under Article 9(1)(b) of that regulation liable on the basis of that regulation for damage resulting from an injury incurred by the passenger as a result of the negligent conduct of employees of the hotel provided by the air carrier?
               
            
                  2.
               
               
                  If Question 1 is answered in the negative:
                  
                               
                           
                           
                              Is the air carrier’s obligation under Article 9(1)(b) of Regulation (EC) No 261/2004 limited to providing the passenger with a hotel and covering the costs of the accommodation, or is the air carrier liable for the accommodation as such?
                           
                        
            
         (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).