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Case C-307/21: Order of the Court (Eighth Chamber) of 27 September 2022 (request for a preliminary ruling from the Landgericht Kleve — Germany) — AB and Others v Ryanair DAC (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Air transport — Regulation (EC) No 261/2004 — Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights — Article 5(1)(c) — Right to compensation if flight is cancelled — Contract for carriage concluded through an online travel agent — Information on the cancellation of the flight communicated by means of an email address automatically generated by the travel agent — Failure to ensure that the passenger was properly informed)
ECLI:EU:UNKNOWN:62021CB0307
62021CB0307
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Valentina R., lawyer
23.1.2023
Official Journal of the European Union
C 24/16
(Case C-307/21) (*)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Air transport - Regulation (EC) No 261/2004 - Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights - Article 5(1)(c) - Right to compensation if flight is cancelled - Contract for carriage concluded through an online travel agent - Information on the cancellation of the flight communicated by means of an email address automatically generated by the travel agent - Failure to ensure that the passenger was properly informed)
(2023/C 24/21)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: AB and Others
Defendant: Ryanair DAC
Operative part of the order
Article 5(1)(c) and Article 7 of Regulation (EC) No 261/2004 of the European Parliament and 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 the operating air carrier must pay the compensation provided for by those provisions in the event of a flight cancellation of which the passenger was not informed at least two weeks prior to the scheduled time of departure where that carrier sent the information in good time to the only email address communicated to it in the course of the booking, without, however, being aware that that address could be used only to contact the travel agent, through which the reservation had been made, and not the passenger directly and that that travel agent did not send the information to the passenger in good time.
(*) Language of the case: German.