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Old Mar 29, 2023, 5:24 pm
  #19  
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Originally Posted by Fabo.sk
The whole itinerary as ticketed is third country to third country and therefore not subject to EC261/2004 regulation. Unfortunately this has been litigated relatively recently for KIV-VIE-BKK and it was ruled to be out of scope. Case C-451/20. Annoyingly, the ruling is not published in English.
I don't that's a relevant case here since in this case this was very specifically a 2 leg trip, starting outside EU++ and ending outside EU++ but connecting in VIE so EU. The main part of the ruling referred to it being only artificially in scope by dint of the transfer point and segmenting up the trip. Whereas this trip has a sector fully within the EU, namely WAW to FRA, and in my view that must be in scope. Since the Advocate-General disagreed with the courts assessment I suspect that in the unlikely event this case came to court there could be a different view on scope for this case. Moreover there are specifics about cancellation compensation which are different to IDB (in terms of the timing).
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