Germany: yet another reference for preliminary ruling with regard to Reg. 261/2004

Michael Wukoschitz's picture

Amtsgericht Köln referred the following questions to the ECJ for preliminary ruling (summarized translation)

  • Is the compensation according to Art. 7 to be regarded a non-compensatory compensation in the meaning of Art 29 of the Montral convention?
  • If so: how has a compensation granted accoding to the Sturgeon decsison for reaching the final destination not earlier than 3 hrs after the scheduled arrival time to be seen in relation to the compensation under Art 19 of the Montreal Convention, taking into regard the exclusivity clause of Art. 29 of the Montreal Convention?
  • Is the interpreation of Art 7 according to the Sturgeon judgement (C-402/07) compatible with the interpretation accodring to the IATA judgement (C-344/04) or did the court overstep the line of admissible devlopment of the law by judgement?

 (AG Köln 4.10.2010, 142 C 535/08)

 

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