Language of document :

Request for a preliminary ruling from the Amtsgericht Nürnberg (Germany) lodged on 10 July 2017 — Andreas Fabri, Elisabeth Mathes v Sun Express Deutschland GmbH

(Case C-418/17)

Language of the case: German

Referring court

Amtsgericht Nürnberg

Parties to the main proceedings

Applicants: Andreas Fabri, Elisabeth Mathes

Defendant: Sun Express Deutschland GmbH

Questions referred

Does a change in reservation to another flight constitute a situation covered by Article 4(3) of Regulation (EC) No 261/2004? 1

If the first question is to be answered in the affirmative:

2.    Must that provision also be applied to a change in reservation which was not instigated by the air carrier, but by the tour operator alone?


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.