Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 4 August 2020 – Eurowings GmbH v GDVI Verbraucherhilfe GmbH

(Case C-365/20)

Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings

Appellant: Eurowings GmbH

Respondent: GDVI Verbraucherhilfe GmbH

Questions referred

Does a passenger have a ‘confirmed reservation’ within the meaning of Article 3(2)(a) of Regulation (EC) No 261/2004 ¹ if he has received, from a tour operator with which he has a contract, ‘other proof’ within the meaning of Article 2(g) of Regulation No 261/2004, by which he is assured transport on a particular flight, individualised by points of departure and destination, times of departure and arrival and flight number, without the tour operator having made a seat reservation for that flight with the air carrier concerned and having received confirmation from the latter?

Is there ‘denied boarding’ within the meaning of Article 4(3) and Article 2(j) of Regulation (EC) No 261/2004 if passengers are re-booked by a tour operator with which they have concluded a package travel contract onto another flight a few days before the scheduled time of departure and after the tour operator had given them binding confirmation of a flight individualised by points of departure and destination, times of departure and arrival and flight number?

Is there a ‘reasonable ground’ for denied boarding within the meaning of the last clause of Article 2(j) of Regulation (EC) No 261/2004 if a tour operator provides binding confirmation of certain flights individualised by date, flight number and flight times, without consulting the airline and without making a ‘cover booking’ for the passenger, and the tour operator then re-books the passenger onto another flight a few days before the scheduled time of departure – again without consulting the airline – without the airline being able to have any influence on this?

Is an air carrier to be regarded as an operating air carrier within the meaning of Article 2(b) of Regulation (EC) No 261/2004 in relation to a passenger if, despite the fact that that passenger has a contract with a tour operator which has promised him carriage on a particular flight, individualised by points of departure and destination, times of departure and arrival and flight number, the tour operator has not, however, reserved a seat for the passenger and has therefore not established a contractual relationship with the air carrier in respect of that flight?

Are Articles 4(3) and 7(1) of Regulation (EC) No 261/2004 to be interpreted as meaning that, in a situation such as that in the present case, in which the passenger books an indirect flight with the tour organiser as part of a package tour, and the first segment, which is operated by the defendant airline, is carried out as scheduled but passengers are then denied boarding on the connecting flight, which is also operated by the defendant airline, pursuant to Article 2(j) of Regulation (EC) No 261/2004, with reference being made to the lack of a ‘cover booking’ by the tour organiser, the amount of compensation is based on the distance of the entire route, from the first point of departure to the final destination, and not only on the distance of the disrupted second segment?

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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).