Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 2 May 2018 — Stefan Neldner v Eurowings GmbH
(Case C-299/18)
Language of the case: German
Referring court
Landgericht Düsseldorf
Parties to the main proceedings
Applicant: Stefan Neldner
Defendant: Eurowings GmbH
Questions referred
1. May compensation under Article 7 of the regulation 1 be deducted from compensation granted under national law which is intended to reimburse additional travel costs incurred as a result of the cancellation of a booked flight if the air carrier has fulfilled its obligations under Article 8(1) of the regulation?
2. If deduction is possible: does it also apply to the costs of alternative transportation to a destination other than the final destination of the flight if the passenger turns down alternative transport offered by the air carrier to the final destination of the flight?
3. In so far as deduction is possible: may the air carrier make the deduction in all cases or is it dependent on the extent to which it is permitted by national law or the court considers it equitable?
4. In so far as national law is applicable or the court is required to take a discretionary decision: is the compensation under Article 7 of the regulation intended to redress only the inconvenience and the loss of time suffered by passengers as a result of the cancellation, or is it also intended to address material damage?
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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).