CELEX: 62021CB0253
Language: en
Date: 2021-10-06 00:00:00
Title: Case C-253/21: Order of the Court (Ninth Chamber) of 6 October 2021 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — TUIfly GmbH v FI, RE (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Air transport — Regulation (EC) No 261/2004 — Article 5 — Article 7 — Article 8(3) — Denied boarding, cancellation or long delay of a flight — Compensation and assistance to passengers — Concept of ‘cancellation’ — Diversion of a flight to an airport not serving the same town, city or region as that for which the booking was made — Re-routing of passengers by coach)

31.1.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/14
            
         
      Order of the Court (Ninth Chamber) of 6 October 2021 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — TUIfly GmbH v FI, RE
      (Case C-253/21) (1)
      
      (Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Air transport - Regulation (EC) No 261/2004 - Article 5 - Article 7 - Article 8(3) - Denied boarding, cancellation or long delay of a flight - Compensation and assistance to passengers - Concept of ‘cancellation’ - Diversion of a flight to an airport not serving the same town, city or region as that for which the booking was made - Re-routing of passengers by coach)
      (2022/C 51/18)
      Language of the case: German
      
         Referring court
      
      Landgericht Hamburg
      
         Parties to the main proceedings
      
      
         Appellant: TUIfly GmbH
      
         Respondents: FI, RE
      
         Operative part of the order
      
      Article 5(1)(c), Article 7(1) and Article 8(3) 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 a diverted flight landing at an airport which is not that for which the booking was made and which does not serve the same town, city or region is capable of conferring on the passenger a right to compensation for cancellation of a flight.
      
         (1)  OJ C 289, 19.7.2021.