Language of document :

Judgment of the Court (Grand Chamber) of 26 February 2013 (request for a preliminary ruling from the Bundesgerichtshof - Germany) - Air France v Heinz-Gerke Folkerts, Luz-Tereza Folkerts

(Case C-11/11) 

(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Articles 6 and 7 - Connecting flight(s) - Delay in arrival at the final destination - Delay equal to or in excess of three hours - A passenger's right to compensation)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Air France

Defendants: Heinz-Gerke Folkerts, Luz-Tereza Folkerts

Re:

Request for a preliminary ruling - Bundesgerichtshof - Interpretation of Articles 6 and 7 of 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) - Intercontinental flight consisting of several stages - Situation in which the flight arrives at the final destination ten hours late, although departure was delayed for a period within the limits set out in Article 6(1) of Regulation (EC) No 261/2004 - Possible right to compensation

Operative part of the judgment

Article 7 of 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 must be interpreted as meaning that compensation is payable, on the basis of that article, to a passenger on directly connecting flights who has been delayed at departure for a period below the limits specified in Article 6 of that regulation, but has arrived at the final destination at least three hours later than the scheduled arrival time, given that the compensation in question is not conditional upon there having been a delay at departure and, thus, upon the conditions set out in Article 6 having been met.

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1 - OJ C 95, 26.3.2011.