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Valentina R., lawyer
EN
(2018/C 104/22)
Language of the case: French
Applicants: Edward Reich, Debora Lieber, Ella Reich, Ezra Bernard Reich
Defendant: Koninklijke Luchtvaart Maatschappij NV
Are Articles 3, 5, 6 and 7 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 (1) (‘Regulation No 261/2004’) to be interpreted as meaning that — in the case where an operating Community air carrier, for the purposes of Regulation No 261/2004, concludes a contract for the carriage of passengers by air with consumers that includes a train journey from a railway station located in the territory of a Member State in which those consumers reside to an airport located in the territory of a second Member State from which the consumers will take their flight to their final destination, namely an airport located in the territory of a non-Member country, and those consumers have no legal connection with the company carrying out the train journey but the air carrier clearly has agreements with that company, and there was a long delay in the train journey, which is included in the contract, that resulted in those consumers being unable to catch their flight from the airport located in the territory of the second Member State — those consumers may rely on the rights provided for by Regulation No 261/2004 and demand compensation in accordance with Articles 5, 6 and 7 of that regulation?
(1) OJ 2004 L 46, p. 1.
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Language of the case: French.