EN

Official Journal of the European Union

C 35/21

(Case C-316/20)

(2021/C 35/31)

Language of the case: Portuguese

Referring court

Parties to the main proceedings

Applicants: VO, ZO, ML, NB, KE, JE, PI, VY

Defendant: SATA International — Azores Airlines SA

Question referred

Does the concept of travel at a reduced fare not available directly or indirectly to the public cover passengers who paid part of their fare, the remainder being borne by the airline, in the context of sponsorship of a sports competition?

By order of 26 November 2020, the Court of Justice (Ninth Chamber) held:

Article 3(3) of Regulation (EC) No 261/2004 <a id="ntc1-C_2021035EN.01002101-E0001" href="#ntr1-C_2021035EN.01002101-E0001">(<span class="oj-super oj-note-tag">1</span>)</a> 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 that regulation does not apply to passengers travelling on tickets issued at a preferential fare by an air carrier in the context of an event sponsorship transaction, the benefit of which is restricted to certain specific persons and the issuing of which presupposes prior individual authorisation on the part of the air carrier.

(1)

OJ 2004 L 46, p. 1.