Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 18 September 2020 – BT v Eurowings GmbH

(Case C-438/20)

Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings

Applicant: BT

Defendant: Eurowings GmbH

Questions referred

Is there a case of ‘denied boarding’ within the meaning of Article 4 and Article 2(j) of Regulation (EC) No 261/2004 ¹ even in the case where passengers are denied boarding on the flight in question not at the boarding gate (departure gate) but earlier, at the check-in desk, and for that reason do not even get as far as the boarding gate (departure gate)?

If the first question is answered in the affirmative, is there a case of ‘denied boarding’ within the meaning of Article 4 and Article 2(j) of Regulation (EC) No 261/2004 even in the case where the passenger is refused acceptance onto the flight at the check-in desk only a few minutes before the scheduled time of departure, that is to say at a point in time by which it is clear that boarding has already closed and it is effectively no longer possible to accept passengers onto the flight?

If the second question is answered in the negative, does the fact that the passenger is rebooked onto another flight constitute a case of ‘denied boarding’ within the meaning of Article 4 and Article 2(j) of the Regulation, in the case where the passenger reaches the check-in desk only a few minutes before the scheduled time of departure, that is to say at a point in time by which it is clear that boarding has already closed and it is effectively no longer possible to accept passengers onto the flight, and has been denied boarding because boarding has already closed?

In the event that questions 1 to 3 are answered in the negative, is Article 2(j) of Regulation (EC) No 261/2004 to be interpreted as meaning that a situation in which passengers join the queue at the check-in desk in good time (here, approximately two hours) before departure, but, because of organisational shortcomings on the part of the airline (such as not opening enough check-in desks, short staffing and not providing information to passengers over the public announcement system) and/or on account of disruptions affecting the airport (in this instance, a baggage carousel malfunction), do not reach the front of the queue at the check-in desk until a point in time (in this instance, five minutes before the scheduled time of departure) by which boarding has already closed and for that reason passengers are no longer being accepted onto the flight, constitutes a case of ‘denied boarding’ within the meaning of Article 2(j) 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 2004 L 46, p. 1).