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Case C-607/22, Eurowings (Non-existent flight): Order of the Court (Eighth Chamber) of 10 March 2023 (request for a preliminary ruling from the Landgericht Düsseldorf — Germany) — Eurowings GmbH v Flightright GmbH (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 2 — Concept of ‘operating air carrier’ — Flight booked through a tour operator — Allegedly non-existent flight)
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62022CB0607
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Official Journal of the European Union
C 179/11
(Case C-607/22, (<span class="oj-super oj-note-tag">1</span>) Eurowings (Non-existent flight))
(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 2 - Concept of ‘operating air carrier’ - Flight booked through a tour operator - Allegedly non-existent flight)
(2023/C 179/14)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: Eurowings GmbH
Respondent: Flightright GmbH
Operative part of the order
Article 2(b) 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 an air carrier cannot be classified as an ‘operating air carrier’, within the meaning of that provision, where a passenger has concluded a contract with a tour operator for a particular flight, with a flight number and a date, which was supposed to be operated by that air carrier, without the air carrier ever having scheduled a flight with that flight number for that date, but may be regarded as an ‘operating air carrier’, within the meaning of that provision, where it has made an offer which, as the case may be, has been the subject of subsequent amendments on its part.
Date lodged: 20.9.2022.