Official Journal of the European Union
Judgment of the Court (Ninth Chamber) of 3 February 2022 (request for a preliminary ruling from the Landgericht Frankfurt am Main — Germany) — JW, HD, XS v LOT Polish Airlines
(Case C-20/21) (1)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation (EU) No 1215/2012 - Second indent of Article 7(1)(b) - Special jurisdiction in matters relating to a contract - Concept of ‘place of performance of the obligation in question’ - Contract for the provision of services - Air transport - Flight consisting of a confirmed single booking and performed in several legs by two separate air carriers - Regulation (EC) No 261/2004 - Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights - Article 7 - Right to compensation - Delay on the first leg of the journey - Claim for compensation brought against the air carrier operating that first leg of the journey before the court for the place of arrival of that first flight)
Language of the case: German
Landgericht Frankfurt am Main
Parties to the main proceedings
Applicants: JW, HD, XS
Defendant: LOT Polish Airlines
Operative part of the judgment
The second indent of Article 7(1)(b) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, in respect of a flight consisting of a confirmed single booking for the entire journey and divided into two or more legs on which transport is performed by separate air carriers, where a claim for compensation, brought on the basis 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, arises exclusively from a delay of the first leg of the journey caused by a late departure and is brought against the air carrier operating that first leg, the place of arrival for that first leg may not be classified as a ‘place of performance’ within the meaning of that provision.
(1) OJ C 98, 22.3.2021.