Official Journal of the European Union

C 209/15

Reference for a preliminary ruling from the Amtsgericht Köln (Germany) lodged on 11 May 2010 — Hannelore Adams v Germanwings GmbH

(Case C-226/10)


2010/C 209/23

Language of the case: German

Referring court

Amtsgericht Köln

Parties to the main proceedings

Applicant: Hannelore Adams

Defendant: Germanwings GmbH

Question referred

Does 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) apply to a passenger with a confirmed reservation for an outward and a return flight who does not present herself for boarding for the return flight owing to the following circumstances:

The operating air carrier denied the passenger, who had presented herself punctually for boarding for the outward flight, boarding against her will and announced its intention of denying her boarding on the return flight.

Boarding was denied because of the operating air carrier’s mistaken assumption that, because of a chargeback, it was entitled to a processing fee, which the passenger had not yet paid?

(1)  OJ 2004 L 46, p. 1.