15.5.2023

EN

Official Journal of the European Union

C 173/15

(Case C-54/23, Laudamotion and Ryanair)

(2023/C 173/21)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: WY

Defendants: Laudamotion GmbH, Ryanair DAC

Questions referred

1.Is a right to compensation for a flight delay of at least three hours precluded in general under Articles 5, 6 and 7 of the Regulation (1) where, faced with a long delay, the passenger uses a self-booked replacement flight and thereby reaches the final destination with a delay of less than three hours, or can a right to compensation exist in that situation in any event where, before the time by which the passenger must present himself for check-in, there is already sufficiently reliable information indicating that the flight will arrive at its final destination with a delay of at least three hours?

2.In the event that Question 1 is to be answered in the latter sense: does a right to compensation for a flight delay of at least three hours under Articles 5, 6 and 7 of the Regulation in that situation require the passenger to present himself for check-in in good time under Article 3(2)(a) of the Regulation?

(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).