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Case C-413/11: Order of the Court (Ninth Chamber) of 18 April 2013 (request for a preliminary ruling from the Landgericht Köln — Germany) — Germanwings GmbH v Thomas Amend (Article 99 of the Rules of Procedure — Air transport — Regulation (EC) No 261/2004 — Passengers’ right to compensation in the event of long delay to a flight — Principle of the separation of powers in the European Union)
ECLI:EU:UNKNOWN:62011CB0413
62011CB0413
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Official Journal of the European Union
C 225/41
(Case C-413/11) (<span class="super">1</span>)
(Article 99 of the Rules of Procedure - Air transport - Regulation (EC) No 261/2004 - Passengers’ right to compensation in the event of long delay to a flight - Principle of the separation of powers in the European Union)
2013/C 225/69
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Germanwings GmbH
Defendant: Thomas Amend
Re:
Request for a preliminary ruling — Landgericht Köln — Interpretation of Articles 5, 6, 7, 8(1)(a) and 9 of 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) — Right to compensation in the event of delay — Limits of the jurisdiction of the Court — Scope of the interpretation given in the judgment of the Court of 19 November 2009 in Joined Cases C-402/07 and C-432/07 Sturgeon and Others, extending, by analogy, the right to compensation to delay to a flight
Operative part of the order
The interpretation given by the Court to 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, to the effect that passengers whose flights are delayed have a right to compensation where they reach their final destination three hours or more after the arrival time initially scheduled, even though, first, Article 6 of that regulation, relating to delay, provides only for the application of measures of assistance and of care and, secondly, reference is made to Article 7 of that regulation, relating to the right to compensation, only in situations of denied boarding and flight cancellation, has no bearing on the principle of the separation of powers in the European Union.
* Language of the case: German.
(1) OJ C 319, 29.10.2011, p. 9.