CELEX: 62020CN0010
Language: en
Date: 2020-01-10 00:00:00
Title: Case C-10/20: Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 10 January 2020 — Flightright GmbH v Eurowings GmbH

11.5.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 161/23
            
         
      Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 10 January 2020 — Flightright GmbH v Eurowings GmbH
      (Case C-10/20)
      (2020/C 161/30)
      Language of the case: German
      
         Referring court
      
      Amtsgericht Düsseldorf
      
         Parties to the main proceedings
      
      
         Applicant: Flightright GmbH
      
         Defendant: Eurowings GmbH
      
         Questions referred
      
      
                  1.
               
               
                  Is the scheme on compensation in the event of a cancellation under Article 5 in conjunction with Article 7 of Regulation (EC) No 261/2004 (1) to be interpreted as meaning that passengers who are re-routed to the final destination more than one hour before the scheduled departure time, and who then by virtue of the alternative flight arrive earlier at the final destination than would otherwise have been the case with the scheduled (cancelled) flight, also receive compensation by way of an application by analogy of Article 7 of that regulation?
               
            
                  2.
               
               
                  
                              (a)
                           
                           
                              If Question 1 is answered in the affirmative, can that compensation, which, in principle, is to be granted under Article 7(1) of Regulation No 261/2004, then be reduced under Article 7(2) of that regulation according to the flight distance if the arrival time of the alternative flight is before the scheduled arrival of the flight that was originally booked?
                           
                        
                              (b)
                           
                           
                              If Question 2(a) is answered in the affirmative, are there grounds for excluding the possibility of a reduction if the arrival time of the alternative flight is too far ahead of the scheduled arrival time of the flight that was originally booked, for example more than three hours?
                           
                        
            
         (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).