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Case C-451/20: Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 23 September 2020 — Airhelp Limited v Austrian Airlines AG
ECLI:EU:UNKNOWN:62020CN0451
62020CN0451
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Valentina R., lawyer
14.12.2020
EN
Official Journal of the European Union
C 433/25
(Case C-451/20)
(2020/C 433/31)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Airhelp Limited
Defendant: Austrian Airlines AG
Questions referred
1.Must Article 3(1) of Regulation (EC) No 261/2004 (1) be interpreted as meaning that that regulation also applies to an air route booked under a single booking but consisting of two flights, both of which are operated by (the same) Community air carrier, if both the place of departure of the first flight and place of arrival of the second flight are in a third country and only the place of arrival of the first flight and the place of departure of the second flight are in the territory of a Member State?
If Question 1 is answered in the affirmative:
2.Must Article 5(1)(c)(iii) of Regulation No 261/2004 be interpreted as meaning that a passenger is entitled to compensation under Article 7(1) of that Regulation even if, on the alternative flight offered to him, his scheduled arrival time at the final destination would have been less than two hours after the scheduled arrival time of the cancelled flight, but he does not actually arrive within that time?
* 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).