Germany: yet another reference for preliminary ruling challenging "Sturgeon"
Submitted by Michael Wukoschitz on 15 October, 2011 - 13:42
In a reference for a preliminary ruling from the Landgericht Köln lodged on 5 August 2011 the ECJ is asked the following question:
- 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 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?
The reference follows similar motions by other courts to challenge the ECJ's Sturgeon judgement.