31.8.2020 |
EN |
Official Journal of the European Union |
C 287/16 |
Order of the Court (Eighth Chamber) of 28 May 2020 (request for a preliminary ruling from the Amtsgericht Köln — Germany) — FZ v DER Touristik GmbH
(Case C-153/19) (1)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Air transport - Regulation (EC) No 261/2004 - Article 12 - Package tour - Long delay of a flight - Passengers’ compensation - Additional compensation - Passenger’s right to a reduction in the price of the journey)
(2020/C 287/23)
Language of the case: German
Referring court
Amtsgericht Köln
Parties to the main proceedings
Applicant: FZ
Defendant: DER Touristik GmbH
Operative part of the order
Article 12 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 not precluding a passenger who has already been compensated under Article 7 of that regulation, from being compensated under a right to a reduction in the price of the journey available to him or her against a tour operator, provided for by the law of the Member State concerned, in so far as that compensation is granted for a loss that is specific to that individual passenger arising from one of the situations provided for in Article 1(1) of that regulation, which it is for the national court to determine.