CELEX: 62019CN0191
Language: en
Date: 2019-02-27 00:00:00
Title: Case C-191/19: Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 27 February 2019 — OI v Air Nostrum Lineas Aereas del Mediterraneo SA

17.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 206/22
            
         
      Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 27 February 2019 — OI v Air Nostrum Lineas Aereas del Mediterraneo SA
      (Case C-191/19)
      (2019/C 206/26)
      Language of the case: German
      
         Referring court
      
      Landgericht Frankfurt am Main
      
         Parties to the main proceedings
      
      
         Applicant and appellant: OI
      
         Defendant and respondent: Air Nostrum Lineas Aereas del Mediterraneo SA
      
         Questions referred
      
      
                  1.
               
               
                  Does the change in reservation of a passenger at check-in, who has a confirmed reservation on a specific flight, to a later flight against his will constitute denied boarding within the meaning of Article 4(3) of the Air Passenger Rights Regulation, (1) if the flight on which the passenger had a confirmed reservation is then carried out?
               
            
                  2.
               
               
                  If Question 1 is answered in the affirmative: Does Article 5(1)(c)(iii) of the Air Passenger Rights Regulation apply by analogy in the event of denied boarding within the meaning of Article 4(3) of the Air Passenger Rights Regulation?
               
            
         (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).