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Case C-756/18: Order of the Court (Eighth Chamber) of 24 October 2019 (request for a preliminary ruling from the Tribunal d’instance d’Aulnay-sous-Bois — France) — LC, MD v easyJet Airline Co. Ltd (Reference for a preliminary ruling — Rules of Procedure of the Court of Justice — Article 99 — Air transport — Regulation (EC) No 261/2004 — Long delay of a flight — Passengers’ right to compensation — Proof of the passenger’s presence for check-in — Reservation confirmed by the air carrier)
ECLI:EU:UNKNOWN:62018CB0756
62018CB0756
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10.2.2020
Official Journal of the European Union
C 45/11
(Case C-756/18) (*)
(Reference for a preliminary ruling - Rules of Procedure of the Court of Justice - Article 99 - Air transport - Regulation (EC) No 261/2004 - Long delay of a flight - Passengers’ right to compensation - Proof of the passenger’s presence for check-in - Reservation confirmed by the air carrier)
(2020/C 45/07)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: LC, MD
Defendants: easyJet Airline Co. Ltd
Operative part of the order
Regulation (EC) No 261/2004 of the European Parliament and of the Council of du 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 and, in particular, Article 3(2)(a) thereof, must be interpreted as meaning that passengers on a flight with a delay of 3 hours or more on arrival who have a confirmed reservation on that flight cannot be denied compensation under that regulation solely on the ground that, upon claiming compensation, they failed to prove that they were present for check-in for that flight, in particular by means of a boarding card, unless it can be established that those passengers were not transported on the delayed flight at issue, which is matter for the national court to determine.
(*) Language of the case: French.