Judgment of the Court (Ninth Chamber) of 4 September 2014 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — Germanwings GmbH v Ronny Henning
(Case C-452/13) 1
(Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Articles 2, 5 and 7 — Right to compensation in the event of a long delay to a flight — Length of delay — Concept of ‘arrival time’)
Language of the case: German
Referring court
Landesgericht Salzburg
Parties to the main proceedings
Appellant: Germanwings GmbH
Respondent: Ronny Henning
Operative part of the judgment
Articles 2, 5 and 7 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, must be interpreted as meaning that the concept of ‘arrival time’, which is used to determine the length of the delay to which passengers on a flight have been subject, refers to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.
____________1 OJ C 325, 9.11.2013.