Spain: another reference for preliminary ruling concerning Reg. 261/2004
Submitted by Michael Wukoschitz on 9 September, 2011 - 14:48
On 28 June 2011, Juzgado de lo Mercantil de A Coruña (Spain) lodged a reference for preliminary ruling of the ECJ with regard to the following question:
- May the definition of 'denied boarding' contained in Article 2(j), in conjunction with Article 3(2) and 4(3), of Regulation (EC) No 261/2004, be regarded as including a situation in which an airline refuses to allow boarding because the first flight included in the ticket is subject to a delay ascribable to the airline and the latter erroneously expects the passengers not to arrive in time to catch the second flight, and so allows their seats to be taken by other passengers?