Judgment of the Court (Fourth Chamber) of 24 February 2022 (request for a preliminary ruling from the Landesgericht Korneuburg — Austria) — Airhelp Limited v Austrian Airlines AG

(Case C-451/20) (1)

(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 3(1) - Scope - Flight with connecting flight departing from and arriving in a third country - Single reservation through a Community air carrier - Stopover in the territory of a Member State - Article 5(1)(c)(iii) and Article 7 - Delayed alternative flight - Taking into account of the actual arrival time for the purposes of compensation)

(2022/C 165/13)

Language of the case: German

Referring court

Landesgericht Korneuburg

Parties to the main proceedings

Applicant: Airhelp Limited

Defendant: Austrian Airlines AG

Operative part of the judgment

Article 3(1) 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 that regulation is not applicable to a flight with a connecting flight, booked under a single booking but consisting of two flights, both of which are operated by a Community air carrier, if both the departure airport of the first flight and the arrival airport of the second flight are in the territory of a third country and only the airport where the stopover takes place is in the territory of a Member State.

(1)  OJ C 433, 14.12.2020.