Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 6 October 2023 – TA and Others v British Airways plc

(Case C-616/23, British Airways)

Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings

Applicants: TA, ET, VB, CI

Defendant: British Airways plc

Questions referred

Must Article 5(1)(c) and Article 7(1) of the Air Passenger Rights Regulation ¹ be interpreted as meaning that a passenger is entitled to compensation for a long delay at the final destination if, on transferring, the passenger missed the connecting flight even though the feeder flight was operated on time and the reason for the delay at the final destination was that the actual transfer time at the airport between the opening of the doors of the aircraft and the closing of boarding was not sufficient to make it possible to reach the connecting flight in good time, taking into account the distance between the arrival and departure gates and passport and security checks?

If Question 1 is answered in the affirmative: in cases where it is disputed whether the passenger is at fault for missing the connecting flight (because of dawdling, for example), does the operating air carrier bear the burden of proof or must the passenger exonerate himself or herself from the allegation of fault? What is the significance in this context of adherence to the minimum connection time (MCT) between the feeder flight and the connecting flight?

Must Article 8(1)(b) of the Air Passenger Rights Regulation be interpreted as meaning that a passenger whose flight is reasonably expected to be delayed on arrival at the final destination by three hours or more has a right, in the same way as passengers on cancelled flights, going beyond the scope of the wording of Article 6(1) of the Air Passenger Rights Regulation, to re-routing, under comparable transport conditions, to his or her final destination at the earliest opportunity and, in the event of failure to fulfil those obligations, the operating air carrier must reimburse the passenger for the cost of the re-routed flight incurred by him or her?

____________

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).