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Valentina R., lawyer
EN
(2020/C 87/08)
Language of the case: German
Applicants: VZ and Others
Defendant: Eurowings GmbH
1.Is Article 5(1)(c)(iii) of Regulation (EC) No 261/2004 (1) to be interpreted as meaning that the re-routing referred to therein which allows the passenger to depart no more than one hour before the scheduled time of departure is to be carried out from the same airport of departure as that of the booked flight or could a departure from another airport also be considered?
2.In the case where a departure from another airport could also be considered, is it solely decisive whether the departure takes place no more than one hour before the scheduled time of departure, irrespective of how far the passenger travels to the airport or is the difference in timing also to be taken into account in connection with the passenger’s journey to the airport?
(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).
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