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Case C-20/24, Cymdek: Judgment of the Court (Seventh Chamber) of 6 March 2025 (request for a preliminary ruling from the Sąd Rejonowy dla m. st. Warszawy w Warszawie – Poland) – M1.R., M2.R. v AAA sp. z o.o. (Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 2(g) – Article 3(2) and (3) – Right to compensation in the event of a long delay to a flight – Scope – Passengers having a boarding pass – Proof of a reservation confirmed by the air carrier – Passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public – Flight part of a package tour financed by a third party – Burden of providing payment)
ECLI:EU:UNKNOWN:62024CA0020
62024CA0020
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Official Journal of the European Union
C series
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C/2025/2346
28.4.2025
(Case C-20/24,
Cymdek)
(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 2(g) - Article 3(2) and (3) - Right to compensation in the event of a long delay to a flight - Scope - Passengers having a boarding pass - Proof of a reservation confirmed by the air carrier - Passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public - Flight part of a package tour financed by a third party - Burden of providing payment)
(C/2025/2346)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicants: M1.R., M2.R.
Defendant: AAA sp. z o.o.
Operative part of the judgment
Article 2(g) and Article 3(2)(a) 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 boarding pass may constitute ‘other proof’ within the meaning of the former of those provisions, which indicates that the reservation has been accepted and registered by the air carrier or tour operator, such that a passenger with a boarding pass is deemed to have a ‘confirmed reservation’ within the meaning of the latter of those provisions, on the flight concerned, where no special abnormal circumstance is demonstrated.
Article 3(3) of Regulation No 261/2004
must be interpreted as meaning that a passenger is not regarded as travelling free of charge or at a reduced fare not available directly or indirectly to the public, within the meaning of that provision, where, first, the tour operator pays the price of the flight to the operating air carrier in accordance with market conditions and, secondly, the price of the package tour is paid to that tour operator not by that passenger but by a third party. It is for that air carrier to demonstrate, in accordance with the rules laid down by national law, that that passenger travelled free of charge or at such a reduced fare.
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(1) OJ C C/2024/2411.
(2) The name of the present case is a fictitious name. It does not correspond to the real name of any of the parties to the proceedings.
ELI: http://data.europa.eu/eli/C/2025/2346/oj
ISSN 1977-091X (electronic edition)
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