CELEX: 62014CN0079
Language: en
Date: 2014-02-14 00:00:00
Title: Case C-79/14: Request for a preliminary ruling from the Landgericht Hannover (Germany) lodged on 14 February 2014  — TUIfly GmbH v Harald Walter

12.5.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 142/17
            
         Request for a preliminary ruling from the Landgericht Hannover (Germany) lodged on 14 February 2014 — TUIfly GmbH v Harald Walter
   (Case C-79/14)
   2014/C 142/23
   Language of the case: German
   
      Referring court
   
   Landgericht Hannover
   
      Parties to the main proceedings
   
   
      Applicant: TUIfly GmbH
   
      Defendant: Harald Walter
   
      Questions referred
   
   
               1.
            
            
               Is Article 7 of Regulation EC No 261/2004 (1) of the European Parliament and of the Council to be interpreted as meaning that a non-notified ‘early’ flight, with the result that the passengers cannot take the flight, is also covered by the regulation?
            
         
               2.
            
            
               Is the regulation to be interpreted as meaning that, with the exception of Article 5, the cause of the delay is not decisive?
            
         
               3.
            
            
               Is the aim of the regulation, namely to compensate for the damage arising from a loss of time, also affected if the passenger would arrive earlier and therefore time arrangements before the flight are concerned?
            
         
               4.
            
            
               Does the lack of notification of the bringing forward of the flight, the consequence of which was that the holiday resort was reached later than planned, result in the regulation being applied?
            
         
               5.
            
            
               Is the aim of the regulation to provide a high level of protection, with the result that the restriction of the passenger’s time arrangements is protected? Also in respect of an early arrival?
            
         
      (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).