Judgment of the Court (Fourth Chamber) of 10 July 2008 (reference for a preliminary ruling from the Oberlandesgericht Frankfurt am Main — Germany) — Emirates Airlines Direktion für Deutschland v Diether Schenkel

(Case C-173/07) (1)

(Carriage by air - Regulation (EC) No 261/2004 - Compensation for passengers in the event of cancellation of a flight - Scope - Article 3(1)(a) - Concept of ‘flight’)

(2008/C 223/21)

Language of the case: German

Referring court

Oberlandesgericht Frankfurt am Main

Parties to the main proceedings

Applicant: Emirates Airlines Direktion für Deutschland

Defendant: Diether Schenkel

Re:

Reference for a preliminary ruling — Oberlandesgericht Frankfurt am Main –Interpretation of Article 3(1)(a) 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 (OJ 2004 L 46, p. 1) — Concept of ‘departure’ — Outward and return ticket from a Member State to a non-member country — Cancellation of the return flight

Operative part of the judgment

Article 3(1)(a) 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 applying to the case of an outward and return journey in which passengers who have originally departed from an airport located in the territory of a Member State to which the EC Treaty applies travel back to that airport on a flight from an airport located in a non-member country. The fact that the outward and return flights are the subject of a single booking has no effect on the interpretation of that provision.

(1)  OJ C 155, 7.7.2007.