CELEX: 62020CA0451
Language: en
Date: 2022-02-24 00:00:00
Title: Case C-451/20: Judgment of the Court (Fourth Chamber) of 24 February 2022 (request for a preliminary ruling from the Landesgericht Korneuburg — Austria) — Airhelp Limited v Austrian Airlines AG (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 3(1) — Scope — Flight with connecting flight departing from and arriving in a third country — Single reservation through a Community air carrier — Stopover in the territory of a Member State — Article 5(1)(c)(iii) and Article 7 — Delayed alternative flight — Taking into account of the actual arrival time for the purposes of compensation)

19.4.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/12
            
         
      Judgment of the Court (Fourth Chamber) of 24 February 2022 (request for a preliminary ruling from the Landesgericht Korneuburg — Austria) — Airhelp Limited v Austrian Airlines AG
      (Case C-451/20) (1)
      
      (Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 3(1) - Scope - Flight with connecting flight departing from and arriving in a third country - Single reservation through a Community air carrier - Stopover in the territory of a Member State - Article 5(1)(c)(iii) and Article 7 - Delayed alternative flight - Taking into account of the actual arrival time for the purposes of compensation)
      (2022/C 165/13)
      Language of the case: German
      
         Referring court
      
      Landesgericht Korneuburg
      
         Parties to the main proceedings
      
      
         Applicant: Airhelp Limited
      
         Defendant: Austrian Airlines AG
      
         Operative part of the judgment
      
      Article 3(1) 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 that regulation is not applicable to a flight with a connecting flight, booked under a single booking but consisting of two flights, both of which are operated by a Community air carrier, if both the departure airport of the first flight and the arrival airport of the second flight are in the territory of a third country and only the airport where the stopover takes place is in the territory of a Member State.
      
         (1)  OJ C 433, 14.12.2020.