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Case C-654/19: Order of the Court (Eighth Chamber) of 1 October 2020 (request for a preliminary ruling from the Landesgericht Korneuburg — Austria) — FP Passenger Service GmbH v Austrian Airlines AG (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Air transport — Regulation (EC) No 261/2004 — Compensation of air passengers in the event of long delay of flights — Right to compensation in the event of delay — Length of delay — Time of opening of the aircraft’s doors at destination — Actual arrival time — Scheduled time of arrival — Question on which the Court has already ruled or where the answer to such a question may be clearly deduced from the case-law)
ECLI:EU:UNKNOWN:62019CB0654
62019CB0654
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7.12.2020
Official Journal of the European Union
C 423/14
(Case C-654/19) (*)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Air transport - Regulation (EC) No 261/2004 - Compensation of air passengers in the event of long delay of flights - Right to compensation in the event of delay - Length of delay - Time of opening of the aircraft’s doors at destination - Actual arrival time - Scheduled time of arrival - Question on which the Court has already ruled or where the answer to such a question may be clearly deduced from the case-law)
(2020/C 423/21)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: FP Passenger Service GmbH
Defendant: Austrian Airlines AG
Operative part of the order
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, read in the light of the judgment of 4 September 2014, Germanwings (C-452/13, EU:C:2014:2141), must be interpreted as meaning that, for the purposes of determining the extent of the delay suffered by passengers on a flight on arrival, it is necessary to calculate the time between the scheduled time of arrival and the actual arrival time, that is to say, the moment when at least one of the doors of the aircraft is opened, it being understood that, at that moment, the passengers are permitted to leave it.
(*) Language of the case: German.