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Case C-292/18: Request for a preliminary ruling from the Amtsgericht Kassel Zweigstelle Hofgeismar (Germany) lodged on 27 April 2018 — Petra Breyer, Heiko Breyer v SUNDAIR GmbH
ECLI:EU:UNKNOWN:62018CN0292
62018CN0292
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11.3.2019
EN
Official Journal of the European Union
C 93/19
(Case C-292/18)
(2019/C 93/25)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Petra Breyer, Heiko Breyer
Defendant: Sundair GmbH
By order of 6 December 2018, the Court ruled:
Article 3(5) 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, read in conjunction with Article 2(a) thereof, must be interpreted as meaning that an undertaking, such as that at issue in the main proceedings, which had lodged an application for an operating licence which was not issued to it at the time for the performance of scheduled flights cannot fall within the scope of that regulation, so that the passengers concerned have no right to compensation under Article 5(1)(c) and Article 7(1) of the regulation.