Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 24 January 2024 – Verein für Konsumenteninformation v Koninklijke Luchtvaart Maatschappij NV
(Case C-45/24, Verein für Konsumenteninformation)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Appellant on a point of law: Verein für Konsumenteninformation
Respondent in the appeal on a point of law: Koninklijke Luchtvaart Maatschappij NV
Questions referred
1. Is Regulation (EC) No 261/2004 1 and in particular Article 8(1)(a) thereof to be interpreted as meaning that the price of the ticket to be taken into consideration for the purpose of determining the reimbursement owed by the air carrier to a passenger in the event of cancellation of a flight also includes the difference between the amount paid by the passenger and the amount received by the air carrier, which corresponds to a commission collected by a person acting as an intermediary between those two parties, if the air carrier, although aware that the other person regularly charges a commission (arrangement fee) for an intermediary service, does not know the amount of that commission in the specific case?
2. Does the burden of proving that the air carrier had the necessary knowledge lie with the passenger seeking reimbursement, or is it for the air carrier to prove that it lacked the necessary knowledge of the commission?
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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).