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Rectification order of 6 October 2021.#Irish Ferries Ltd v National Transport Authority.#Rectification of judgment.#Case C-570/19.

ECLI:EU:C:2021:835

62019CO0570

October 6, 2021
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ORDER OF THE COURT (Fourth Chamber)

6 October 2021 (*1)

(Rectification of judgment)

In Case C‑570/19 REC,

REQUEST for a preliminary ruling under Article 267 TFEU from the High Court (Ireland), made by decision of 22 July 2019, received at the Court on 26 July 2019, in the proceedings

National Transport Authority,

THE COURT (Fourth Chamber),

composed of M. Vilaras, President of the Chamber, N. Piçarra, D. Šváby (Rapporteur), S. Rodin and K. Jürimäe, Judges,

Advocate General: M. Szpunar,

Registrar: A. Calot Escobar,

after hearing the Advocate General,

makes the following

1On 2 September 2021, the Court (Fourth Chamber) delivered the judgment in Irish Ferries (C‑570/19, EU:C:2021:664).

2That judgment contains, in the version in the language of the case, a clerical mistake which it is appropriate for the Court to rectify of its own motion under Article 103(1) of the Rules of Procedure of the Court of Justice.

On those grounds, the Court (Fourth Chamber) hereby orders:

1.Paragraph 64 of the judgment of 2 September 2021, Irish Ferries (C‑570/19, EU:C:2021:664), shall be rectified as follows:

‘It follows that the concept of “re-routing to the final destination”, within the meaning of Article 18 of Regulation No 1177/2010, implies that the passenger must be transported to the place that has been contractually provided for, without the itinerary followed and the means of transport necessarily being identical to those originally agreed. Accordingly, the carrier has, in principle, some discretion in offering re-routing to the final destination to a passenger whose service is cancelled. Therefore, it is open to the carrier to offer re-routing, first, by providing an alternative passenger service departing from a port of embarkation and/or to a port of disembarkation using an itinerary other than that originally provided for in the transport contract or, secondly, by providing such a connecting passenger service, or, thirdly, by providing a maritime passenger service coupled with other modes of transport, such as rail or road transport.’

2.The original of this order shall be annexed to the original of the rectified judgment. A note of this order shall be made in the margin of the original of the rectified judgment.

Luxembourg, 6 October 2021.

Registrar

President of the Fourth Chamber

ECLI:EU:C:2021:664

*1 Language of the case: English.

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