CELEX: 62015CA0145
Language: en
Date: 2016-03-17 00:00:00
Title: Joined Cases C-145/15 and C-146/15: Judgment of the Court (Eighth Chamber) of 17 March 2016 (requests for a preliminary ruling from the Raad van State — Netherlands) — K. Ruijssenaars, A. Jansen (C-145/15), J.H. Dees-Erf (C-146/15) v Staatssecretaris van Infrastructuur en Milieu (Air transport — Regulation (EC) No 261/2004 — Article 7 — Compensation payable to passengers in the event that their flight is cancelled or delayed by more than three hours — Article 16 — National bodies responsible for the enforcement of the regulation — Powers — Adoption of enforcement measures against the air carrier for payment of the compensation due to the passenger)

2.5.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 156/17
            
         Judgment of the Court (Eighth Chamber) of 17 March 2016 (requests for a preliminary ruling from the Raad van State — Netherlands) — K. Ruijssenaars, A. Jansen (C-145/15), J.H. Dees-Erf (C-146/15) v Staatssecretaris van Infrastructuur en Milieu
   (Joined Cases C-145/15 and C-146/15) (1)
   
   ((Air transport - Regulation (EC) No 261/2004 - Article 7 - Compensation payable to passengers in the event that their flight is cancelled or delayed by more than three hours - Article 16 - National bodies responsible for the enforcement of the regulation - Powers - Adoption of enforcement measures against the air carrier for payment of the compensation due to the passenger))
   (2016/C 156/24)
   Language of the case: Dutch
   
      Referring court
   
   Raad van State
   
      Parties to the main proceedings
   
   
      Applicants: K. Ruijssenaars, A. Jansen (C-145/15), J.H. Dees-Erf (C-146/15)
   
      Defendant: Staatssecretaris van Infrastructuur en Milieu
   
      Operative part of the judgment
   
   Article 16 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, must be interpreted as meaning that, where an individual complaint has been made by a passenger to the body designated by each Member State pursuant to Article 16(1) of the regulation following the refusal by an air carrier to pay to the passenger the compensation provided for in Article 7(1) of the regulation, that body is not required to take enforcement action against the carrier with a view to compelling it to pay the compensation.
   
      (1)  OJ C 198, 15.6.2015.