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Case C-54/23, Laudamotion and Ryanair: Judgment of the Court (Third Chamber) of 25 January 2024 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — WY v Laudamotion GmbH, Ryanair DAC (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(1) — Article 7(1) — Compensation for air passengers in the event of a long delay to a flight — Loss of time — Replacement flight booked by the passenger — Passenger arriving at the final destination less than three hours later than the original scheduled arrival time — No compensation)
ECLI:EU:UNKNOWN:62023CA0054
62023CA0054
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Official Journal of the European Union
Series C
C/2024/1829
11.3.2024
(Case C-54/23, (1) Laudamotion and Ryanair)
(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 5(1) - Article 7(1) - Compensation for air passengers in the event of a long delay to a flight - Loss of time - Replacement flight booked by the passenger - Passenger arriving at the final destination less than three hours later than the original scheduled arrival time - No compensation)
(C/2024/1829)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: WY
Defendants: Laudamotion GmbH, Ryanair DAC
Operative part of the judgment
Article 5(1) and Article 7(1) 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 the right to compensation, within the meaning of those provisions, cannot be enjoyed by an air passenger who, on account of a risk of a long delay in arrival at the final destination of the flight on which he or she has a confirmed reservation, or even on account of sufficient evidence of such a delay, has himself or herself booked an alternative flight and has reached the final destination with a delay of less than three hours after the originally scheduled arrival time of the first flight.
(1) OJ C 173, 15.5.2023.
ELI: http://data.europa.eu/eli/C/2024/1829/oj
ISSN 1977-091X (electronic edition)
END