Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 17 November 2023 – Flightright GmbH v Condor Flugdienst GmbH

(Case C-705/23, Condor Flugdienst)

Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings

Applicant and appellant: Flightright GmbH

Defendant and respondent: Condor Flugdienst GmbH

Question referred

Is Article 4 of Regulation (EC) No 261/2004 ¹ [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] to be interpreted as meaning that there is a case of denied boarding of a passenger by an air carrier in the form of pre-emptive denied boarding even in the case where a tour operator informs the passenger, by means of notification of a change of reservation, that the flight has been cancelled, but the flight has not been cancelled by the air carrier and, moreover, the flight is actually duly performed as anticipated?

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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).