Language of document :

Request for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Córdoba (Spain) lodged on 19 November 2020 – ZU and TV v Ryanair Ltd

(Case C-618/20)

Language of the case: Spanish

Referring court

Juzgado de lo Mercantil No 1 de Córdoba

Parties to the main proceedings

Applicants: ZU and TV

Defendant: Ryanair Ltd

Questions referred

May a carrier that sells tickets through its own website for flights operated under the code of another airline be considered an operating air carrier for the purposes of Article 5(5) of Regulation No 261/2004 1 in respect of the specific flights it sells that are operated by another company?

May a carrier that sells tickets through its own website for flights operated under the code of another airline be considered an operating air carrier for the purposes of Article 5(5) of Regulation No 261/2004 in respect of the specific flights it sells that are operated by another company where the company that operates a flight is part of the corporate group of the company that sells tickets for that flight?

May the concept of contracting carrier in Article 45 of the Montreal Convention be equated with the concept of operating air carrier in Article 5(5) of Regulation No 261/2004?

May the concept of actual carrier referred to in Article 45 of the Montreal Convention be equated with the concept of operating air carrier in Article 5(5) of Regulation No 261/2004?

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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).