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Case C-686/20: Order of the Court (Ninth Chamber) of 11 October 2021 (request for a preliminary ruling from the Tribunal de Proximité d’Aulnay-sous-Bois — France) — YE and Others v Vueling Airlines SA (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Air transport — Regulation (EC) No 261/2004 — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Article 3(3) — Scope — Passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public — Young child travelling free of charge — Article 2(f) — Definition of ‘ticket’)
ECLI:EU:UNKNOWN:62020CB0686
62020CB0686
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17.1.2022
Official Journal of the European Union
C 24/9
(Case C-686/20) (1)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Air transport - Regulation (EC) No 261/2004 - Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights - Article 3(3) - Scope - Passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public - Young child travelling free of charge - Article 2(f) - Definition of ‘ticket’)
(2022/C 24/12)
Language of the case: French
Referring court
Parties to the main proceedings
Applicants: YE, LP, AN, legally represented by her parents YE and LP, OL, legally represented by her parents YE and LP, VX, legally represented by his parents YE and LP, CE, legally represented by her parents YE and LP
Defendant: Vueling Airlines SA
Operative part of the order
1.The first sentence of Article 3(3) 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 condition of direct or indirect availability to the public, contained in that provision, does not refer to passengers travelling free of charge.
2.The second sentence of Article 3(3) of Regulation No 261/2004 must be interpreted as meaning that a passenger who travels free of charge on account of his or her young age, but who does not have an allocated seat or a boarding pass and whose name does not appear on the reservations booked by his or her parents, is excluded from the scope of that regulation.
(1) Date lodged: 18 December 2020
Language of the case: French