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Case C-778/22, flightright: Request for a preliminary ruling from the Amtsgericht Hamburg (Germany) lodged on 22 December 2022 — flightright GmbH v TAP Portugal
ECLI:EU:UNKNOWN:62022CN0778
62022CN0778
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Valentina R., lawyer
27.3.2023
EN
Official Journal of the European Union
C 112/25
(Case C-778/22, flightright)
(2023/C 112/33)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: flightright GmbH
Defendant: TAP Portugal
Question referred
Is Article 5(3) of Regulation (EC) No 261/2004 (1) to be interpreted as meaning that an air carrier must offer a passenger who has missed a connecting flight due to extraordinary circumstances the earliest possible re-routing option — a transfer connection without check-through — which allows the passengers to reach their destination 5 hours and 15 minutes earlier compared to a later direct flight the next day, although still 18 hours and 15 minutes late, and which requires the passenger to take three flights instead of one direct flight and to collect their baggage at both transfer airports, leave the secured area, and check in themselves and their baggage for each of the new flights two hours before the planned departure time, before proceeding once more through security, in which two of the flights concerned are operated by domestic Brazilian air carriers, one of which is a ‘low-cost’ airline?
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).
* * *
(2023/C 112/33)