Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 2 Dec 2008 – Sylvia Bienek v Condor Flugdienst GmbHCase C-525/08Questions referred1. Does a change in reservation to another flight constitute a situation covered by Article 4(3) of Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights;2. If the answer to the first question is in the affirmative:Must that provision also be applied to a change in reservation which was not instigated by the air carrier, but by the tour operator alone?