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Valentina R., lawyer
C series
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10.3.2025
(Case C-642/23, (1) Flightright (Loyalty account))
(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 8(1)(a) - Right to reimbursement of the cost of the airline ticket in the event of cancellation of a flight - Choice between reimbursement in money or in travel vouchers - Article 7(3) - Concept of the ‘signed agreement of the passenger’ - Loyalty account set up by the passenger on the air carrier’s website)
(C/2025/1400)
Language of the case: German
Applicant: Flightright GmbH
Defendant: Etihad Airways P.J.S.C.
Article 8(1)(a) 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 7(3) of Regulation No 261/2004,
must be interpreted as meaning that, in the event of cancellation of a flight by the operating air carrier, a passenger is not to be deemed to have given his or her ‘signed agreement’ to reimbursement of the cost of the ticket in the form of travel vouchers where he or she has set up, on that carrier’s website, a loyalty account to which those vouchers were to be transferred, without having confirmed, by his or her express, definitive and unequivocal acceptance, his or her agreement to that method of reimbursement.
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(1) OJ C C/2024/936.
ELI: http://data.europa.eu/eli/C/2025/1400/oj
ISSN 1977-091X (electronic edition)
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