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Case C-434/20: Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 16 September 2020 — flightright GmbH v SunExpress Günes Ekspres Havacilik A.S.
ECLI:EU:UNKNOWN:62020CN0434
62020CN0434
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Valentina R., lawyer
14.12.2020
EN
Official Journal of the European Union
C 433/20
(Case C-434/20)
(2020/C 433/23)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: flightright GmbH
Defendant: SunExpress Günes Ekspres Havacilik A.S.
Questions referred
1.Must Articles 4 and 7 of Council Regulation (EC) No 261/2004 (1) be interpreted as meaning that a rebooking onto another, earlier flight by which the passenger reaches his final destination 10 hours and 1 minute before the scheduled arrival time of the flight originally booked constitutes a case of denied boarding triggering an obligation to pay compensation?
2.In the event that the answer to question 1 is in the affirmative, must the passenger, even in that event, have presented himself for check-in and boarding at the time indicated and no later than 45 minutes before the published departure time of the originally booked flight — as required in principle by Article 3(2) and Article 2(j) of Council Regulation (EC) No 261/2004) — in order for that regulation to be applicable and, more specifically, in order to give rise to a case of denied boarding triggering an obligation to pay compensation, even though this was in fact no longer possible because the passenger had taken the rebooked earlier replacement flight?
(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 (OJ 2004 L 46, p. 1).