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Case C-502/18: Judgment of the Court (Ninth Chamber) of 11 July 2019 (request for a preliminary ruling from the Městský soud v Praze — Czech Republic) — CS and Others v České aerolinie a.s. (Reference for a preliminary ruling — Transport — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Regulation (EC) No 261/2004 — Article 5(1)(c) — Article 7(1) — Right to compensation — Connecting flights — Flights consisting of two flights operated by different air carriers — Long delay in relation to the second flight with points of departure and arrival outside the European Union and operated by a carrier established in a non-Member State)
ECLI:EU:UNKNOWN:62018CA0502
62018CA0502
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Official Journal of the European Union
C 305/26
(Case C-502/18) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Transport - Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights - Regulation (EC) No 261/2004 - Article 5(1)(c) - Article 7(1) - Right to compensation - Connecting flights - Flights consisting of two flights operated by different air carriers - Long delay in relation to the second flight with points of departure and arrival outside the European Union and operated by a carrier established in a non-Member State)
(2019/C 305/32)
Language of the case: Czech
Referring court
Parties to the main proceedings
Applicants: CS, DR, EQ, FP, GO, HN, IM, JL, KK, LJ, MI
Defendant: České aerolinie a.s.
Operative part of the judgment
Article 5(1)(c) and Article 7(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, read together with Article 3(5) of Regulation No 261/2004, must be interpreted as meaning that, in the case of connecting flights, where there are two flights that are the subject of a single reservation, departing from an airport located within the territory of a Member State and travelling to an airport located in a non-Member State via the airport of another non-Member State, a passenger who suffers a delay in reaching his or her destination of 3 hours or more, the cause of that delay arising in the second flight, operated, under a code-share agreement, by a carrier established in a non-Member State, may bring his or her action for compensation under that regulation against the Community air carrier that performed the first flight.
(<span class="note">1</span>) OJ C 341, 24.9.2018.
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