Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 5 April 2022 – FW v LATAM Airlines Group SA

(Case C-238/22)

Language of the case: German

Referring court

Landgericht Frankfurt am Main

Parties to the main proceedings

Applicant and appellant: FW

Defendant and respondent: LATAM Airlines Group SA

Questions referred

Is Regulation (EC) No 261/2004 ¹ of the European Parliament and of the Council of 11 February 2004 to be interpreted as meaning that, even where an operating air carrier has already given prior notification that it does not intend to carry a passenger, that passenger must still have presented himself for check-in or boarding at the time indicated or no later than 45 minutes before the published departure time – as provided for by Article 3(2) and/or Article 2(j) – in order for the regulation to become applicable and to establish an instance of denied boarding subject to compensation under to Article 4(3) in conjunction with Article 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004?

In the event that the answer to question 1 is in the affirmative:

Is Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 to be interpreted as meaning that rights to compensation for denied boarding under Articles 4 and 7 applied by analogy with Article 5(1)(c)(i) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 are excluded where the passenger has been informed of the denial of boarding at least two weeks before the scheduled time of departure?

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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).