Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 26 October 2023 – flightright GmbH v Etihad Airways P.J.S.C.
(Case C-642/23, flightright)
Language of the case: German
Referring court
Landgericht Düsseldorf
Parties to the main proceedings
Appellant: flightright GmbH
Respondent: Etihad Airways P.J.S.C.
Questions referred
Is Article 8(1)(a) in conjunction with Article 7(3) of Regulation (EC) No 261/2004 1 to be interpreted as meaning that an effective signed agreement of the passenger to the reimbursement of ticket costs in the form of travel vouchers and credit notes exists where the passenger has set up an electronic customer account him or herself via the airline’s website to which the travel vouchers and credit notes are to be transferred without having confirmed his or her agreement to this type of reimbursement with a handwritten signature?
If Question 1 is answered in the affirmative: Can a passenger revoke his or her agreement, once effectively given, to reimbursement of the ticket costs in the form of travel vouchers and credit notes and again demand performance to be effected by payment in cash if the airline does not subsequently credit the promised travel vouchers and credit notes to the customer account?
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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).