Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 10 August 2023 – NW and YS v Qatar Airways

(Case C-516/23, Qatar Airways)

Language of the case: German

Referring court

Landgericht Frankfurt am Main

Parties to the main proceedings

Applicants: NW, YS

Defendant: Qatar Airways

Questions referred

Is Regulation (EC) No 261/2004 ¹ to be interpreted as meaning that the passenger travels free of charge under the first alternative in [the first sentence of] Article 3(3) of that regulation in the case where he or she is required to pay only fees and aviation taxes for the flight ticket?

If the first question is answered in the negative:

Is Regulation No 261/2004 to be interpreted as meaning that it does not concern a fare available (indirectly) to the public within the meaning of the second alternative in [the first sentence of] Article 3(3) of that regulation in the case where the flight was booked as part of a special offer provided by an air carrier for a limited period and in limited quantity, and which was available only to a certain group of professions?

3.    If the second question is also answered in the negative and Regulation No 261/2004 is regarded as applicable:

(a)    Is Article 8(1)(c) of that regulation to be interpreted as meaning that there must be a temporal link between, on the one hand, the original booked and cancelled flight and, on the other, the desired re-routing at a later date?

(b)    How should that temporal link, if necessary, be defined?

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¹ Regulation 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).