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Case C-705/23, Condor Flugdienst: Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 17 November 2023 — Flightright GmbH v Condor Flugdienst GmbH
ECLI:EU:UNKNOWN:62023CN0705
62023CN0705
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Official Journal of the European Union
Series C
C/2024/1519
26.2.2024
(Case C-705/23, Condor Flugdienst)
(C/2024/1519)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant and appellant: Flightright GmbH
Defendant and respondent: Condor Flugdienst GmbH
Question referred
Is Article 4 of Regulation (EC) No 261/2004 (1) [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) to be interpreted as meaning that there is a case of denied boarding of a passenger by an air carrier in the form of pre-emptive denied boarding even in the case where a tour operator informs the passenger, by means of notification of a change of reservation, that the flight has been cancelled, but the flight has not been cancelled by the air carrier and, moreover, the flight is actually duly performed as anticipated?
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).
ELI: http://data.europa.eu/eli/C/2024/1519/oj
ISSN 1977-091X (electronic edition)