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Case C-163/18: Judgment of the Court (Third Chamber) of 10 July 2019 (request for a preliminary ruling from the Rechtbank Noord-Nederland — Netherlands) — HQ, IP, legally represented by HQ, JO v Aegean Airlines SA (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Flight cancellation — Assistance — Right to reimbursement of the cost of the air ticket by the air carrier — Article 8(2) — Package tour — Directive 90/314/EEC — Insolvency of the tour organiser)
ECLI:EU:UNKNOWN:62018CA0163
62018CA0163
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Official Journal of the European Union
C 305/15
(Case C-163/18) (1)
(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights - Flight cancellation - Assistance - Right to reimbursement of the cost of the air ticket by the air carrier - Article 8(2) - Package tour - Directive 90/314/EEC - Insolvency of the tour organiser)
(2019/C 305/19)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicants: HQ, IP, legally represented by HQ, JO
Defendant: Aegean Airlines SA
Operative part of the judgment
Article 8(2) 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 a passenger who, under Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, has the right to hold his tour organiser liable for reimbursement of the cost of his air ticket, can no longer claim reimbursement of the cost of that ticket from the air carrier, on the basis of that regulation, even where the tour organiser is financially incapable of reimbursing the cost of the ticket and has not taken any measures to guarantee such reimbursement.
(1)
OJ C 182, 28.5.2018.
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