Request for a preliminary ruling from the Landgericht Köln (Germany) lodged on 19 March 2021 – EF v Deutsche Lufthansa AG

(Case C-172/21)

Language of the case: German

Referring court

Landgericht Köln

Parties to the main proceedings

Applicant and appellant: EF

Defendant and respondent: Deutsche Lufthansa AG

Questions referred

Is a corporate fare which is more favourable than the standard fare (in casu, EUR 152.00 instead of EUR 169.00), and which is based on a framework agreement between an air carrier and another undertaking and which can be booked only for employees of the undertaking concerned for the purposes of business trips, a reduced fare not available directly or indirectly to the public within the meaning of the first sentence of Article 3(3) of Regulation (EC) No 261/2004? 1

If Question 1 is answered in the affirmative, is such a corporate fare not also part of a frequent flyer programme or other commercial programme of an air carrier or tour operator within the meaning of the second sentence of Article 3(3) of Regulation (EC) No 261/2004?

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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).