Language of document :

Request for a preliminary ruling from the Landgericht Berlin (Germany) lodged on 22 October 2018 — Sundair GmbH v WV and Others

(Case C-660/18)

Language of the case: German

Referring court

Landgericht Berlin

Parties to the main proceedings

Applicant: Sundair GmbH

Defendant: WV, XU, YT, represented by XU and ZS

Question referred

Is Article 7(1)(b), in conjunction with Article 5(1)(c), 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 to be interpreted as meaning that affected passengers are entitled to compensation for the cancellation of a flight even when the air carrier does not hold a valid operating licence within the meaning of Article 2(a) of Regulation (EU) No 261/2004, the cancellation is at least in part attributable to the absence of a valid operating licence and the passengers had no knowledge of the fact that there was no operating licence at the time of booking?


1 OJ 2004 L 46, p. 1.