CELEX: 62020CN0467
Language: en
Date: 2020-09-28 00:00:00
Title: Case C-467/20: Request for a preliminary ruling from the Amtsgericht Hamburg (Germany) lodged on 28 September 2020 — BC v Deutsche Lufthansa AG

14.12.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 433/31
            
         
      Request for a preliminary ruling from the Amtsgericht Hamburg (Germany) lodged on 28 September 2020 — BC v Deutsche Lufthansa AG
      (Case C-467/20)
      (2020/C 433/38)
      Language of the case: German
      
         Referring court
      
      Amtsgericht Hamburg
      
         Parties to the main proceedings
      
      
         Applicant: BC
      
         Defendant: Deutsche Lufthansa AG
      
         Question referred
      
      Are Article 5(1)(c) and Article 7(1) of Regulation No 261/2004 (1), read together with Article 3(5) of that regulation, to be interpreted as meaning that, in the case of connecting flights, where there are two flights that are the subject of a single reservation, departing from an airport located outside the territory of a Member State (third country) and travelling to an airport located in a Member State, a passenger who suffers a delay in reaching his or her destination of 3 hours or more, the cause of that delay arising in the first flight, operated, under a code-share agreement, by a carrier established in a non-Member State, may bring his or her action for compensation under that regulation against the Community air carrier with which the booking of the entire journey was made and that only performed the second leg of that journey?
      
         (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).