Language of document :

Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 11 January 2011 - Société Air France S.A. v Heinz-Gerke Folkerts and Luz-Tereza Folkerts

(Case C-11/11)

Language of the case: German

Referring court


Parties to the main proceedings

Applicant: Société Air France S.A.

Defendant: Heinz-Gerke Folkerts, Luz-Tereza Folkerts

Questions referred

1.    Does a passenger have a right to compensation under 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, 1 in the case where departure was delayed for a period which is below the limits specified in Article 6(1) of that regulation, but arrival at the final destination was at least three hours later than the scheduled arrival time?

2.    If the first question is answered in the negative:

For the purpose of determining whether there was a delay, within the terms of Article 6(1) of Regulation No 261/2004, in the case of a flight consisting of several stages, should reference be made to the individual stages or to the distance to the final destination?


1 - OJ 2004 L 46, p. 1.