Flight cancelled: Can the passenger rebook on a freely chosen alternative date?

The Cologne Higher Regional Court (Oberlandesgericht) has taken the view that, if a flight is cancelled, the passenger is only entitled to choose a replacement flight if there is a temporal connection with the original travel plans in the sense that, taking into account the specific circumstances of the individual case, the replacement flight is still a continuation of the same journey. This opinion of the Cologne Higher Regional Court, which is yet to be published in the legal literature, impacts the right of the European passenger to be re-routed to the same final destination in the event that the original flight is cancelled. My conclusion is that, according to the current case law and literature, Article 8 (1) (c) of the EU Air Passenger Rights Regulation grants the passenger the right to be re-routed to the same final destination on a freely chosen alternative date, subject to the availability of seats. However, the opposing view, developed by the Cologne Higher Regional Court, may be justifiable, at least for COVID-19-related cancellations. In any case, a national court of last instance must refer the matter to the ECJ.