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Case C-530/22, Dunaj-Finanse: Order of the Court (Sixth Chamber) of 16 February 2023 (request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Śródmieścia w Warszawie — Poland) — Dunaj-Finanse sp. z o.o. v KG (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Rail transport — Passengers’ rights and obligations — Regulation (EC) No 1371/2007 — Article 3(8) — Transport contract — Concept — Passenger without a ticket at the time of boarding a train — Consumer protection)
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62022CB0530
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Official Journal of the European Union
C 164/26
(Case C-530/22, (<span class="oj-super oj-note-tag">1</span>) Dunaj-Finanse)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Rail transport - Passengers’ rights and obligations - Regulation (EC) No 1371/2007 - Article 3(8) - Transport contract - Concept - Passenger without a ticket at the time of boarding a train - Consumer protection)
(2023/C 164/32)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: Dunaj-Finanse sp. z o.o.
Defendant: KG
Operative part of the order
Article 3(8) of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations, read in conjunction with Article 6(1) and (2) of Appendix A in Annex I to that regulation
must be interpreted as precluding a provision of national law under which no transport contract is concluded between a carrier and a passenger who boards a freely accessible train without the intention of purchasing a ticket.
Date lodged: 9.8.2022.