Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 31 October 2023 – E EAD v DW

(Case C-650/23, Hembesler ¹ )

Language of the case: German

Referring court

Landesgericht Korneuburg

Parties to the main proceedings

Appellant (defendant at first instance): E EAD

Respondent (applicant at first instance): DW

Question referred

Must Article 7(1), Article 4(3) and Article 2(j) 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, be interpreted as meaning that the operating air carrier is obliged to compensate a passenger in the case where, in the context of a package tour, the passenger has a confirmed reservation by a tour operator on a return flight, the tour operator informed the passenger on the day before the planned (return) flight that the flight had been rescheduled due to a change in flight number, flight time and final destination; the passenger therefore did not present himself for boarding for the flight originally booked under the conditions laid down in Article 3(2) of the regulation; however, the flight originally booked is actually operated as planned and the air carrier would also have carried the passenger if he had presented himself for boarding under the conditions laid down in Article 3(2) of that regulation?

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¹ The present case is designated by a fictitious name which does not correspond to the actual name of a party to the proceedings.

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).