CELEX: 62017CA0532
Language: en
Date: 2018-07-04 00:00:00
Title: Case C-532/17: Judgment of the Court (Third Chamber) of 4 July 2018 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Wolfgang Wirth and Others v Thomson Airways Ltd (Reference for a preliminary ruling — Transport — Regulation (EC) No 261/2004 — Article 2(b) — Scope — Definition of ‘operating air carrier’ — Lease of aircraft including crew ‘Wet lease’)

27.8.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 301/10
            
         
      Judgment of the Court (Third Chamber) of 4 July 2018 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Wolfgang Wirth and Others v Thomson Airways Ltd
      (Case C-532/17) (1)
      
      ((Reference for a preliminary ruling - Transport - Regulation (EC) No 261/2004 - Article 2(b) - Scope - Definition of ‘operating air carrier’ - Lease of aircraft including crew ‘Wet lease’))
      (2018/C 301/12)
      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
      
         Operative part of the judgment
      
      The concept of an ‘operating air carrier’ within the meaning of 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 and, in particular, of Article 2(b) thereof must be interpreted as not covering the case of an air carrier, such as that at issue in the main proceedings, which leases to another air carrier an aircraft, including crew, under a wet lease, but does not bear the operational responsibility for the flights, even where the booking confirmation of a seat on a flight issued to passengers states that that flight is operated by the former air carrier.
      
         (1)  OJ C 402, 27.11.2017.