Reference for a preliminary ruling from the Landgericht Köln (Germany) lodged on 5 August 2011 — Germanwings GmbH v Amend

(Case C-413/11)

2011/C 319/16

Language of the case: German

Referring court

Landgericht Köln

Parties to the main proceedings

Applicant: Germanwings GmbH

Defendant: Amend

Question referred

Is it compatible with the principle of the separation of powers in the European Union if, in order to remedy what would otherwise be unequal treatment, Regulation No 261/2004 (1) is interpreted as meaning that a passenger who is affected by a mere delay of more than three hours is entitled to compensation under Article 7 of the Regulation, although the Regulation provides for this only in the case of denied boarding or cancellation of the booked flight but, in the event of delay, restricts the passenger’s claims to assistance under Article 9 of the Regulation and, if the delay is for more than five hours, also assistance under Article 8(1)(a) of the Regulation?

(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.