21.11.2022

EN

Official Journal of the European Union

C 441/15

(Case C-578/22)

(2022/C 441/22)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant and appellant: flightright GmbH

Defendant and respondent: TAP Portugal

Questions referred

1.Must Article 4(3), in conjunction with Article 2(j), of Regulation (EC) No 261/2004, (1) read in conjunction with Article 3(2) of that regulation, be interpreted as meaning that passengers must always present themselves for check-in as stipulated and at the time indicated in advance by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time, and, in accordance with Article 2(j) of that regulation, must also present themselves for boarding under the conditions laid down in Article 3(2) thereof?

2.In the event that the Court of Justice answers the first question in the negative: Must Article 4(3), in conjunction with Article 2(j), of Regulation No 261/2004 be interpreted as meaning that denied boarding against the will of the passenger may also be expressed by the contractual air carrier — which has concluded a code-share agreement with the operating air carrier in relation to the flight — to the passenger with effect to the detriment of the operating air carrier?

*

Regulation 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).