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Case C-701/18: Request for a preliminary ruling from the Amtsgericht Nürnberg (Germany) lodged on 9 November 2018 — Geld-für-Flug GmbH v Ryanair DAC
ECLI:EU:UNKNOWN:62018CN0701
62018CN0701
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25.2.2019
EN
Official Journal of the European Union
C 72/6
(Case C-701/18)
(2019/C 72/08)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Geld-für-Flug GmbH
Defendant: Ryanair DAC
Question referred
Is Article 3(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) to be interpreted as meaning that a clause contained in a commercial air carrier’s general terms and conditions which has not been individually negotiated and under which an electronically concluded contract with a passenger is subject to the law of the Member State applicable where the air carrier has its registered office and which is not identical to the law of the passenger’s habitual residence is unfair in so far as it misleads the passenger by not indicating that the choice of a different law in accordance with Article 5(2), subsection 2, of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (2) is possible only to a limited extent and not any, but only legal provisions referred to in Article 5(2), subsection 2, of the Rome I Regulation may be relied on?
(1) OJ 1993 L 95, p. 29.
(2) OJ 2008 L 177, p. 6.
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