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Rehder Notes

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REHDER (2009) FACTS A dispute between Mr Rehder and Air Baltic Corporation ('Air Baltic') following the cancellation of a flight which he had booked with that company to take him from Munich (Germany) to Vilnius (Lithuania). Substantive law provision: Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004: In case of cancellation of a flight, the passengers concerned shall: (c) have the right to compensation by the operating air carrier in accordance with Article 7, unless... they are informed of the cancellation...' Mr Rehder, who resides in Munich, booked a flight from Munich to Vilnius with Air Baltic, the registered office of which is in Riga (Latvia). The distance between Munich and Villnius is slightly less that 1500 kilometres. Approximately 30 minutes before the scheduled time of departure from Munich, passengers were informed that their flight had been cancelled. After his booking had been changed by Air Baltic, the applicant took a flight via Copenhagen to Vilnius, where he arrived more than six hours after the flight which he had initially booked should have landed. By an application to the Amtsgericht Erding, the court having territorial jurisdiction over Munich airport, Mr Rehder requested that Air Baltic be ordered to pay him compensation in the amount of EUR 250 in accordance with Articles 5(1)(c) and 7(1)(a) of Regulation No 261/2004. In an appeal by Air Baltic against that decision, the Oberlandesgericht München, taking the view that air transport services are provided at the place where the company operating the flight has its head office, overturned the decision of the firstinstance court. QUESTION Is the second indent of Article 5(1)(b) of Regulation [No 44/2001] to be interpreted as meaning that in the case also of journeys by air from one Member State to another Member State, the single place of performance for all contractual obligations must be taken to be the place of the main provision of services, determined according to economic criteria?
Where a single place of performance is to be determined: what criteria are relevant for its determination; is the single place of performance determined, in particular, by the place of departure or the place of arrival of the aircraft?'

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