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Case C-191/19: Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 27 February 2019 — OI v Air Nostrum Lineas Aereas del Mediterraneo SA
ECLI:EU:UNKNOWN:62019CN0191
62019CN0191
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Valentina R., lawyer
17.6.2019
EN
Official Journal of the European Union
C 206/22
(Case C-191/19)
(2019/C 206/26)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant and appellant: OI
Defendant and respondent: Air Nostrum Lineas Aereas del Mediterraneo SA
Questions referred
1.Does the change in reservation of a passenger at check-in, who has a confirmed reservation on a specific flight, to a later flight against his will constitute denied boarding within the meaning of Article 4(3) of the Air Passenger Rights Regulation, (1) if the flight on which the passenger had a confirmed reservation is then carried out?
2.If Question 1 is answered in the affirmative: Does Article 5(1)(c)(iii) of the Air Passenger Rights Regulation apply by analogy in the event of denied boarding within the meaning of Article 4(3) of the Air Passenger Rights 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).