Judgment_paragraph 21 · Laudamotion GmbH v Flightright GmbH (C-474/22)

21It follows from Article 3(1)(a) and (2)(a) of Regulation No 261/2004 that that regulation is to apply to passengers departing from an airport located in the territory of a Member State to which the Treaty applies on the condition, first, that those passengers have a confirmed reservation on the flight concerned and, second, that they present themselves for check-in in good time, except in the case of cancellation of the flight as referred to in Article 5 of that regulation. Since those two conditions are cumulative, a passenger’s presence for check-in cannot be presumed by virtue of the fact that that passenger has a confirmed reservation on the flight concerned (order of 24 October 2019, easyJet Airline, C‑756/18, EU:C:2019:902, paragraph 25). It must be stated that the effectiveness of Article 3(2)(a) of Regulation No 261/2004 requires passengers to present themselves at the airport in good time, more specifically to a representative of the operating air carrier, in order to be transported to the intended destination, even if they have already checked in online before going to the airport.

Laudamotion GmbH v Flightright GmbH (C-474/22)

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