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Case C-151/11: Reference for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 28 March 2011 — Condor Flugdienst GmbH v Jürgen Dörschel

ECLI:EU:UNKNOWN:62011CN0151

62011CN0151

March 28, 2011
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9.7.2011

Official Journal of the European Union

C 204/12

(Case C-151/11)

2011/C 204/23

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Condor Flugdienst GmbH

Defendant: Jürgen Dörschel

Questions referred

1.Does a passenger have a right to payment of compensation under Article 7 of Regulation No 261/2004 (1) in the case where the flight, following its departure according to schedule, is discontinued and the aircraft, before arriving at the airport of destination, returns to the airport of departure and subsequently takes off again with a delay which is relevant for payment of compensation?

2.Is there a discontinuance in the case where, after the aircraft doors have been closed, the journey is not continued? From what point is there a discontinuance of the start, rather than a delayed start?

(1) 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.

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