Order of the Court (Ninth Chamber) of 6 October 2021

Questions referred for a preliminary rulingAnswer admitting of no reasonable doubtQuestions the answer to which may be clearly deduced from the Court's existing case-lawApplication of Article 99 of the Rules of Procedure

(Rules of Procedure of the Court of Justice, Art. 99)

(see para. 16)

TransportAir transportRegulation No 261/2004Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flightsAnnulmentDefinitionFlight diverted to an airport serving the same town, city or region as that for which the booking was madeNot includedRight to compensation for cancellation of a flightNone

(European Parliament and Council Regulation No 261/2004, Arts 2(l), 5(1) (c), 7(1) and 8(3))

(see paras 20-23)

TransportAir transportRegulation No 261/2004Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flightsFlight diverted to an airport not serving the same town, city or region as that for which the booking was madeRight to compensation for cancellation of a flight

(European Parliament and Council Regulation No 261/2004, Arts 5(1)(c), 7(1) and 8(3))

(see paras 24-27, operative part)

Operative part

Article 5(1)(c), Article 7(1) and Article 8(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that a diverted flight landing at an airport which is not that for which the booking was made and which does not serve the same town, city or region is capable of conferring on the passenger a right to compensation for cancellation of a flight.