Official Journal of the European Union

C series

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C/2024/3137

(Case C-76/23,

Cobult)

(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 7(3) - Article 8(1)(a) - Right to reimbursement of the cost of the airline ticket in the event of cancellation of a flight - Reimbursement in travel vouchers - Concept of the ‘signed agreement of the passenger’ - Reimbursement procedure through a form available on the website of the operating air carrier)

(C/2024/3137)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Cobult UG

Defendant: TAP Air Portugal SA

Operative part of the judgment

Article 7(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, read in conjunction with Article 8(1)(a) of that regulation and in the light of recital 20 of that regulation,

must be interpreted as meaning that, in the event of cancellation of a flight by the operating air carrier, the passenger is deemed to have given his or her ‘signed agreement’ to reimbursement of the cost of the ticket by a travel voucher where he or she has filled in an online form on the website of that air carrier, by which he or she chose such a means of reimbursement to the exclusion of reimbursement by a sum of money, where that passenger has been able to make an effective and informed choice and, accordingly, to give informed consent to the reimbursement of the cost of his or her ticket by a travel voucher rather than by a sum of money, which presupposes that that air carrier has provided to that passenger, in a fair manner, clear and full information as to the various means of reimbursement available to him or her.

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ELI: http://data.europa.eu/eli/C/2024/3137/oj

ISSN 1977-091X (electronic edition)

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