FLIGHTRIGHT GMBH V IBERIA LAE SA OPERADORA UNIPERSONAL

[2020] EUECJ Case C‑606/19, Court of Justice of the European Union, 13 February 2020

Jurisdiction – Special jurisdiction in matters relating to a contract – Concept of “place of performance” – Contract for the provision of services – Air transport – Right to compensation for flight passengers in the event of cancellation or long delay of flights – Flight under a confirmed single booking with several connecting flights operated by two separate air carriers – Cancellation of the final leg of the journey – Claim for compensation brought against the air carrier in charge of the final leg of the journey before the court or tribunal which has territorial jurisdiction over the place of departure of the first leg of the journey – Brussels Regulation Recast, European Council Regulation (EU) No 1215/2012, second indent of article 7(1)(b) – European Council Regulation (EC) No 261/2004

This was a request for a preliminary ruling under article 267 TFEU from the Amtsgericht Hamburg (local court, Hamburg, Germany), made in proceedings between flightright GmbH, a company established in Germany, and Iberia LAE SA Operadora Unipersonal (“Iberia”), an airline established in Spain. It concerned a claim for passenger compensation brought on the basis of Regulation (EC) No 261/2004 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. The passenger had been on a journey in three legs from Hamburg to San Sebastian via London and Madrid. The third leg of the journey was cancelled and the assignee of the passenger sought compensation before the Amtsgericht. The court referred a question as to whether it had jurisdiction, where the third flight which took place entirely outside Germany was that at issue. It also asked: “Do both air carriers performing the connecting flights constituting a whole have the capacity to be sued where two Community air carriers performed the connecting flights?”