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Case C-255/11: Reference for a preliminary ruling from the Amtsgericht Geldern (Germany) lodged on 24 May 2011 — Nadine Büsch and Björn Siever v Ryanair Ltd
ECLI:EU:UNKNOWN:62011CN0255
62011CN0255
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Valentina R., lawyer
30.7.2011
Official Journal of the European Union
C 226/15
(Case C-255/11)
2011/C 226/28
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Nadine Büsch and Björn Siever
Defendant: Ryanair Ltd
Questions referred
1.Does the right to compensation laid down in Article 7 of the Air Passenger Rights Regulation constitute a claim for damages which is subject to the limits of liability set out in the Montreal Convention, by virtue of the first sentence of Article 29 thereof, where it is to be granted because of a long delay of a flight?
2.Is the right to compensation under Article 7 of the Air Passenger Rights Regulation non-compensatory within the meaning of the second sentence of Article 29 of the Montreal Convention in so far as it exceeds the damage incurred by the air passenger as a result of the long delay? Does this preclude a right to compensation entirely or does such a right arise in the event of delays only in the amount of the damage actually incurred?
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).
Council Decision of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ 2001 L 194, p. 38).
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Language of the case: German