CELEX: 62019CN0560
Language: en
Date: 2019-07-23 00:00:00
Title: Case C-560/19: Request for a preliminary ruling from the Juzgado de lo Mercantil n.o 3 de Valencia (Spain) lodged on 23 July 2019 — GT v Air Nostrum Líneas Aéreas del Mediterráneo, S.A.

4.11.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 372/15
            
         
      Request for a preliminary ruling from the Juzgado de lo Mercantil n.o 3 de Valencia (Spain) lodged on 23 July 2019 — GT v Air Nostrum Líneas Aéreas del Mediterráneo, S.A.
      (Case C-560/19)
      (2019/C 372/16)
      Language of the case: Spanish
      
         Referring court
      
      Juzgado de lo Mercantil n.o 3 de Valencia
      
         Parties to the main proceedings
      
      
         Applicant: GT
      
         Defendant: Air Nostrum Líneas Aéreas del Mediterráneo, S.A.
      
         Questions referred
      
      
                  1.
               
               
                  Can a company which provides air passenger transport and which sells the ticket but which does not actually operate the flight be considered to come within the concept of ‘operating air carrier’?
               
            
                  2.
               
               
                  If the answer to the previous question is in the negative, does the right to compensation for passengers under Article 7 of Regulation [(EC) No] 261/2004 (1) exist where the flight is composed of more than one leg and, as a result of a short delay (less than three hours) on one leg, there is a long delay (more than three hours) on arrival at the final destination because of a missed connection? If the answer is in the affirmative, where the different legs are operated by different carriers, is the obligation to pay compensation under Article 7 of Regulation [(EC) No] 261/2004 incumbent on the operating carrier on whose leg there was a short delay (less than three hours) which, however, caused the missed connection and, therefore, a long delay (more than three hours) on arrival at the final destination?
               
            
         (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).