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Case C-395/20: Judgment of the Court (First Chamber) of 21 December 2021 (request for a preliminary ruling from the Landgericht Düsseldorf — Germany) — EP, GM v Corendon Airlines Turistik Hava Taşımacılık A.Ş. (Reference for a preliminary ruling — 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 2(l) — Article 5(1) — Change in the departure time of a flight — Departure postponed by approximately three hours — Passengers notified nine days before departure — Concepts of ‘cancellation’ and ‘delay’)
ECLI:EU:UNKNOWN:62020CA0395
62020CA0395
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Official Journal of the European Union
C 84/16
(Case C-395/20) (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 cancellation or long delay of flights - Article 2(l) - Article 5(1) - Change in the departure time of a flight - Departure postponed by approximately three hours - Passengers notified nine days before departure - Concepts of ‘cancellation’ and ‘delay’)
(2022/C 84/18)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: EP, GM
Defendant: Corendon Airlines Turistik Hava Taşımacılık A.Ş.
Operative part of the judgment
Articles 2(l) and 5(1) 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 flight is not regarded as ‘cancelled’, within the meaning of those provisions, in the case where the operating air carrier postpones the time of departure of that flight by less than three hours, without making any other change to that flight.
(1) OJ C 399, 23.11.2020.