Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 16 April 2019 — GmbH v Eurowings GmbH

(Case C-345/19)

Language of the case: German

Referring court

Amtsgericht Düsseldorf

Parties to the main proceedings

Applicant: GmbH

Defendant: Eurowings GmbH

Questions referred

1.    Are the provisions of Articles 4, 5, 6 and 7 of Regulation (EC) No 261/2004 1 to be interpreted as meaning that passengers who are transported to their final destination via the booked flight over an hour before the planned time of departure obtain compensation, by application by analogy of Article 7 of that regulation?

2.    Can that compensation be reduced according to flight distance pursuant to Article 7(2) if the time of arrival precedes the periods of delayed arrival specified therein, or even the scheduled time of arrival?

3.    Is the possibility of a reduction excluded if the time of departure precedes the scheduled time of departure by the same amount of time provided for by the delay limits in Article 7(2) (that is, more than two, three or four hours)?


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.)