11.5.2020

EN

Official Journal of the European Union

C 161/23

(Case C-10/20)

(2020/C 161/30)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Flightright GmbH

Defendant: Eurowings GmbH

Questions referred

1.Is the scheme on compensation in the event of a cancellation under Article 5 in conjunction with Article 7 of Regulation (EC) No 261/2004 (1) to be interpreted as meaning that passengers who are re-routed to the final destination more than one hour before the scheduled departure time, and who then by virtue of the alternative flight arrive earlier at the final destination than would otherwise have been the case with the scheduled (cancelled) flight, also receive compensation by way of an application by analogy of Article 7 of that regulation?

2(a)If Question 1 is answered in the affirmative, can that compensation, which, in principle, is to be granted under Article 7(1) of Regulation No 261/2004, then be reduced under Article 7(2) of that regulation according to the flight distance if the arrival time of the alternative flight is before the scheduled arrival of the flight that was originally booked?

2(b)If Question 2(a) is answered in the affirmative, are there grounds for excluding the possibility of a reduction if the arrival time of the alternative flight is too far ahead of the scheduled arrival time of the flight that was originally booked, for example more than three hours?

(1) 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).

* * *