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Case C-253/21: Order of the Court (Ninth Chamber) of 6 October 2021 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — TUIfly GmbH v FI, RE (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Air transport — Regulation (EC) No 261/2004 — Article 5 — Article 7 — Article 8(3) — Denied boarding, cancellation or long delay of a flight — Compensation and assistance to passengers — Concept of ‘cancellation’ — Diversion of a flight to an airport not serving the same town, city or region as that for which the booking was made — Re-routing of passengers by coach)
ECLI:EU:UNKNOWN:62021CB0253
62021CB0253
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31.1.2022
Official Journal of the European Union
C 51/14
(Case C-253/21) (*)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Air transport - Regulation (EC) No 261/2004 - Article 5 - Article 7 - Article 8(3) - Denied boarding, cancellation or long delay of a flight - Compensation and assistance to passengers - Concept of ‘cancellation’ - Diversion of a flight to an airport not serving the same town, city or region as that for which the booking was made - Re-routing of passengers by coach)
(2022/C 51/18)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: TUIfly GmbH
Respondents: FI, RE
Operative part of the order
Article 5(1)(c), Article 7(1) and Article 8(3) 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, must be interpreted as meaning that a diverted flight landing at an airport which is not that for which the booking was made and which does not serve the same town, city or region is capable of conferring on the passenger a right to compensation for cancellation of a flight.
(*) Language of the case: German.