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Case C-532/17: Judgment of the Court (Third Chamber) of 4 July 2018 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Wolfgang Wirth and Others v Thomson Airways Ltd (Reference for a preliminary ruling — Transport — Regulation (EC) No 261/2004 — Article 2(b) — Scope — Definition of ‘operating air carrier’ — Lease of aircraft including crew ‘Wet lease’)
ECLI:EU:UNKNOWN:62017CA0532
62017CA0532
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Valentina R., lawyer
27.8.2018
Official Journal of the European Union
C 301/10
(Case C-532/17) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Transport - Regulation (EC) No 261/2004 - Article 2(b) - Scope - Definition of ‘operating air carrier’ - Lease of aircraft including crew ‘Wet lease’))
(2018/C 301/12)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Wolfgang Wirth, Theodor Mülder, Ruth Mülder, Gisela Wirth
Defendant: Thomson Airways Ltd
Operative part of the judgment
The concept of an ‘operating air carrier’ within the meaning 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 and, in particular, of Article 2(b) thereof must be interpreted as not covering the case of an air carrier, such as that at issue in the main proceedings, which leases to another air carrier an aircraft, including crew, under a wet lease, but does not bear the operational responsibility for the flights, even where the booking confirmation of a seat on a flight issued to passengers states that that flight is operated by the former air carrier.
(<span class="note">1</span>) OJ C 402, 27.11.2017.