Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 31 May 2021 – FH v SunExpress Günes Ekspres Havacilik A.S.

(Case C-337/21)

Language of the case: German

Referring court

Landgericht Frankfurt am Main

Parties to the main proceedings

Applicant and appellant: FH

Defendant and respondent: SunExpress Günes Ekspres Havacilik A.S.

Question referred

Is Article 7 of Regulation (EC) No 261/2004 ¹ to be interpreted as meaning that, where flights with different air carriers are the subject of a single reservation made via an online agency, a right to compensation exists against the operating air carrier of the first leg of the journey where, although the delay in arrival of the flight of the first leg was less than 3 hours, this led to the connecting flight being missed and, as a result, the delay in arrival of the passenger at the final destination was in excess of 3 hours, and where the operating air carrier of the first leg was neither a party to the contract of carriage for the second leg nor aware that a connecting flight had been booked at the same time with a different air carrier?

By order of the President of the Court of Justice of 28 June 2021, the case was removed from the register of the Court.

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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).