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Case C-139/11: Judgment of the Court (Third Chamber) of 22 November 2012 (reference for a preliminary ruling from the Audiencia Provincial de Barcelona — Spain) — Joan Cuadrench Moré v Koninklijke Luchtvaart Maatschappij NV (Air transport — Compensation and assistance to passengers — Denied boarding and cancellation or long delays of flights — Period allowed for commencing proceedings)
ECLI:EU:UNKNOWN:62011CA0139
62011CA0139
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26.1.2013
Official Journal of the European Union
C 26/6
(Case C-139/11) (<span class="super">1</span>)
(Air transport - Compensation and assistance to passengers - Denied boarding and cancellation or long delays of flights - Period allowed for commencing proceedings)
2013/C 26/10
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Joan Cuadrench Moré
Defendant: Koninklijke Luchtvaart Maatschappij NV
Re:
Reference for a preliminary ruling — Audiencia Provincial de Barcelona — Interpretation of Articles 5 and 6 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 (OJ 2004 L 46, p. 1) — Time-limits for bringing proceedings not laid down — Article 35 of the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Montreal Convention), approved by Council Decision of 5 April 2001 (OJ 2001 L 194, p. 38) — Applicable law
Operative part of the judgment
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 the time-limits for bringing actions for compensation under Articles 5 and 7 of that regulation are determined in accordance with the rules of each Member State on the limitation of actions.
(<span class="super">1</span>) OJ C 179, 18.6.2011.