Request for a preliminary ruling from the Attunda tingsrätt (Sweden) lodged on 21 March 2016 — Airhelp Limited v Thomas Cook Airlines Scandinavia A/S

(Case C-161/16)

Language of the case: Swedish

Referring court

Attunda tingsrätt

Parties to the main proceedings

Applicant: Airhelp Limited

Defendants: Thomas Cook Airlines Scandinavia A/S

Questions referred

Must Articles 2(g) and 3(2)(a) of the regulation ¹ be interpreted as meaning that a passenger must have a reserved seat (that is to say, the right to his own seat in the aeroplane) or is it sufficient for the passenger to have received confirmation of his booking on the flight (that is to say, the right to be transported in the aeroplane) for compensation to be payable?

Must a ticket at a reduced fare for a child who does not have his own seat for the flight, but travels in the company of another passenger, be regarded as available directly or indirectly to the public under Article 3(3) of the regulation?

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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 L 46, 2004, p. 1).