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Case C-516/23, Qatar Airways: Judgment of the Court (Eighth Chamber) of 16 January 2025 (request for a preliminary ruling from the Landgericht Frankfurt am Main – Germany) – NW, YS v Qatar Airways (Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(3) – Travel free of charge or at a reduced fare not available directly or indirectly to the public – Passenger who has paid only charges and air transport taxes – Reservation in the context of a promotional campaign – Article 8(1)(c) – Right to re-routing at a later date – No requirement of a temporal link between the cancelled flight and the re-routing flight desired by the passenger)
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Official Journal of the European Union
C series
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C/2025/1397
10.3.2025
(Case C-516/23,
Qatar Airways)
(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 3(3) - Travel free of charge or at a reduced fare not available directly or indirectly to the public - Passenger who has paid only charges and air transport taxes - Reservation in the context of a promotional campaign - Article 8(1)(c) - Right to re-routing at a later date - No requirement of a temporal link between the cancelled flight and the re-routing flight desired by the passenger)
(C/2025/1397)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: NW, YS
Defendant: Qatar Airways
Operative part of the judgment
1.The first alternative of the first sentence of Article 3(3) 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 passenger does not travel free of charge, within the meaning of that provision, where, in order to make his or her reservation, that passenger had to pay only air transport taxes and charges.
2.The second alternative of the first sentence of Article 3(3) of Regulation No 261/2004
must be interpreted as meaning that a passenger does not travel at a reduced fare not available directly or indirectly to the public, within the meaning of that provision, where that passenger reserved his or her ticket in the context of a promotional campaign which was limited in time and in terms of the quantity of tickets offered and which was aimed at a specified professional category.
3.Article 8(1)(c) of Regulation No 261/2004
must be interpreted as not requiring, for the purposes of its application, the existence of a temporal link between the cancelled flight and the re-routing flight desired by a passenger, since such re-routing to the final destination may be requested under comparable transport conditions at a later date, subject to availability of seats.
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OJ C C/2023/126.
ELI: http://data.europa.eu/eli/C/2025/1397/oj
ISSN 1977-091X (electronic edition)
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