7.3.2009   

EN

Official Journal of the European Union

C 55/8


Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 2 December 2008 — Sylvia Bienek v Condor Flugdienst GmbH

(Case C-525/08)

(2009/C 55/11)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Sylvia Bienek

Defendant: Condor Flugdienst GmbH

Questions referred

1.

Does a change in reservation to another flight constitute a situation covered by Article 4(3) 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)?

2.

If the answer to the first question is in the affirmative:

Must that provision also be applied to a change in reservation which was not instigated by the air carrier, but by the tour operator alone?


(1)  OJ 2004 L 46, p. 1.