23.11.2013

Official Journal of the European Union

C 344/45

(Case C-471/13)

2013/C 344/78

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Peter Link

Defendant: Condor Flugdienst GmbH

Questions referred

1.Is there also a right to compensation analogous to Articles 6 and 7 of Regulation No 261/2004 (1) where the arrival of the flight originally booked by the passengers is delayed by more than three hours, the passengers however in the meantime –after a long flight departure delay had already occurred — voluntarily, autonomously and on their own account arranged replacement transportation with another airline company and therefore do not travel on the originally booked flight, the passengers arriving at the destination airport, on the replacement transportation, at a time which is more than three hours after the scheduled arrival time of the flight originally booked?

2.If the first question is to be answered in the affirmative: is it decisive for the creation of a right analogous to Articles 6 and 7 of Regulation (EC) No 261/2004 that the voluntary and autonomous choice of replacement transportation with another airline company is made at a time when the delay in any event is already five hours pursuant to Article 6(1)(c)(iii) and Article 8(1)(a) of Regulation (EC) No 261/2004?

(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 — Commission Statement (OJ 2004 L 46, p. 1).

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