Request for a preliminary ruling from the Landesgericht Salzburg (Austria) lodged on 12 August 2013 – Germanwings GmbH v Ronny Henning

(Case C-452/13)

Language of the case: German

Referring court

Landesgericht Salzburg

Parties to the main proceedings

Applicant: Germanwings GmbH

Defendant: Ronny Henning

Question referred

What time is relevant for the term ‘time of arrival’ used in Articles 2, 5, 6 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: ¹

(a)    the time that the aircraft lands on the runway (‘touchdown’);

(b)    the time that the aircraft reaches its parking position and the parking brakes are engaged or the chocks have been applied (‘in-block time’);

(c)    the time that the aircraft door is opened;

(d)    a time defined by the parties in the context of party autonomy.

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¹ OJ 2004 L 46, p. 1.