22.12.2012

Official Journal of the European Union

C 399/3

(Joined Cases C-581/10 and C-629/10) (<span class="super">1</span>)

(Air transport - Regulation (EC) No 261/2004 - Articles 5 to 7 - Montreal Convention - Articles 19 and 29 - Right to compensation in the event of delay of flights - Compatibility)

2012/C 399/04

Languages of the case: German and English

Referring courts

Amtsgericht Köln, High Court of Justice (England and Wales), Queen’s Bench Division (Administrative Court)

Parties to the main proceedings

Applicants: Emeka Nelson, Bill Chinazo Nelson, Brian Cheimezie Nelson (C-581/10), TUI Travel plc, British Airways plc, easyJet Airline Company Ltd, International Air Transport Association (C-629/10)

Defendants: Deutsche Lufthansa AG (C-581/10), Civil Aviation Authority (C-629/10)

Re:

(Case C-581/10)

Reference for a preliminary ruling — Amtsgericht Köln — Interpretation of Article 7 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 (OJ 2004 L 46, p. 1) — Right to compensation if a flight is delayed — Whether that right is compatible with the prohibition of punitive or exemplary damages set out in Article 29 of the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention), approved by Council Decision of 5 April 2001 (OJ 2001 L 194, p. 38)

(Case C-629/10)

Reference for a preliminary ruling — High Court of Justice (England and Wales), Queen’s Bench Division (Administrative Court) — Interpretation of Articles 5, 6 and 7 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 (OJ 2004 L 46, p. 1) — Right to compensation in the event of delay — Effects of the judgment in Joined Cases C-402/07 and C-432/07 Sturgeon and Others [2009] ECR I-10923

Operative part of the judgment

1.Articles 5 to 7 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, must be interpreted as meaning that passengers whose flights are delayed are entitled to compensation under that regulation where they suffer, on account of such flights, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier. Such a delay does not, however, entitle passengers to compensation if the air carrier can prove that the long delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of the air carrier.

2.Consideration of the questions referred for a preliminary ruling has disclosed no factor of such a kind as to affect the validity of Articles 5 to 7 of Regulation No 261/2004.

(<span class="super">1</span>) OJ C 72, 5.3.2011.

OJ C 89, 19.3.2011.