7.9.2015   

EN

Official Journal of the European Union

C 294/21


Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 29 May 2015 — Steef Mennens v Emirates Direktion für Deutschland

(Case C-255/15)

(2015/C 294/26)

Language of the case: German

Referring court

Amtsgericht Düsseldorf

Parties to the main proceedings

Applicant: Steef Mennens

Defendant: Emirates Direktion für Deutschland

Questions referred

I.

Is Article 10(2), in conjunction with Article 2(f), of Regulation (EC) No 261/2004 (1) to be interpreted as meaning that a ‘ticket’ is the document by which the passenger is (also) entitled to be transported on the flight on which he was downgraded, irrespective of whether further flights, such as connecting flights or return flights, are also indicated on that document?

II.

a.

If Question 1 is answered in the affirmative:

Is Article 10(2), in conjunction with Article 2(f), of Regulation (EC) No 261/2004 to be further interpreted as meaning that the ‘price of the ticket’ is the amount which the passenger has paid for all of the flights indicated on the ticket, even if the downgrading occurred on only one of the flights?

b.

If Question 1 is answered in the negative:

For the purposes of determining the amount which forms the basis for the reimbursement under Article 10(2) of Regulation (EC) No 261/2004, must account be taken of the airline company’s published price for transportation, in the class booked, on the section affected by the downgrade, or must the quotient resulting from the distance of the section affected by the downgrade and the total length of the flight be determined and then multiplied by the total flight price?

III.

Is Article 10(2) of Regulation (EC) No 261/2004 to be further interpreted as meaning that the ‘price of the ticket’ is only the price of the flight alone, to the exclusion of taxes and charges?


(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).