17.10.2022

EN

Official Journal of the European Union

C 398/12

(Case C-474/22)

(2022/C 398/15)

Language of the case: German

Referring court

Parties to the main proceedings

Defendant and appellant on a point of law: Laudamotion GmbH

Applicant and respondent in the appeal on a point of law: flightright GmbH

Questions referred

1.Does the right to compensation for a delay in a flight of more than three hours after the scheduled time of arrival under Articles 5, 6 and 7 of Regulation (EC) No 261/2004 (1) require that, in accordance with Article 3(2)(a) thereof, the passenger must present himself or herself for check-in at the time indicated by the air carrier, the tour operator or an authorised travel agent, but not later than 45 minutes before the published departure time, or is the case of a long delay in the above sense exempt from that requirement — as in the case where a flight is cancelled?

2.In the event that the right to compensation is not exempt, on the sole basis of the occurrence of a long delay in the above sense, from the requirement for passengers to present themselves for check-in, does such an exemption apply where the passenger had sufficiently reliable information indicating that the flight would arrive only with a long delay in the above sense?

(1) Regulation 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).