The plaintiff (a lawyer) initially had sued a tour operator for mal-performance of a package travel contract. The claim had been dismissed by all instances as courts had held that the plaintiff had booked accomodation in a Dubai city hotel with half board and a shuttle service to the beach - and had exactly got what he had booked. It had to be regarded obvious that a city hotel could not offer the same amenities with regard to duration and flexibility of staying at the beach like a hotel directly situated there.
Plaintiff had booked a round trip flight from Frankfurt to Antigua. The return flight started on time and had a scheduled stopover in Punta Cana. From there the aircraft started on time as well but due to a technical problem - the landing gear could not be retracted - had to return to Punta Cana airport from where it could only depart again 24 hrs later.
Plaintiff filed a law suit claiming compensation pursuant to Reg. 261/2004. Court of first instance granted the claim. Upon defendant's appeal, the appelate court (LG Frankfurt am Main) referred the following questions to the ECJ