Official Journal of the European Union

C series

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C/2024/6638

11.11.2024

(Case C-558/24, Corendon Airlines)

(C/2024/6638)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Corendon Airlines (Turistik Hava Tasimacilik AS)

Respondent: Myflyright GmbH

Questions referred

1.Where a flight is postponed and a new voucher is issued for it, must the assessment of whether there is a ‘long’ delay in the arrival at the final destination be based on the originally scheduled arrival time or the arrival time indicated in the new booking confirmation?

If the changed arrival time is decisive:

a)Should account be taken of how long before the original departure time the passenger is informed that the flight has been postponed? In particular, should account be taken of whether the time limits for the new arrival time referred to in Article 5(1)(c) 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 have actually been complied with, so that the operating air carrier may be released from its obligation to pay compensation?

b)If so, does the passenger have a right to compensation under Articles 5 and 7 of Regulation (EC) No 261/2004, if, on the basis of the original arrival time, there is a long delay in arrival and, if so, under what conditions?

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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 (OJ 2004 L 46, p. 1).

ELI: http://data.europa.eu/eli/C/2024/6638/oj

ISSN 1977-091X (electronic edition)

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