Order of the Court (Eighth Chamber) of 30 March 2022 (request for a preliminary ruling from the Tribunal da Relação de Lisboa — Portugal) — Orbest, SA v CS, QN, OP and Others

(Case C-659/21) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Air transport - Regulation (EC) No 261/2004 - Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights - Article 5(3) - Exemption from the obligation to pay compensation - Concept of ‘extraordinary circumstances’ - Aircraft’s technical failure caused by the collision of a catering vehicle owned by a third party with that aircraft while the latter was parked at the airport)

(2022/C 198/20)

Language of the case: Portuguese

Referring court

Tribunal da Relação de Lisboa

Parties to the main proceedings

Applicant: Orbest, SA

Defendants: CS, QN, OP and Others

Operative part of the order

Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council 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 must be interpreted as meaning that the technical failure of an aircraft caused by the collision of a catering vehicle owned by a third party with that aircraft while the latter was parked at the airport may be covered by the concept of ‘extraordinary circumstances’, within the meaning of that provision.

(1)  Filing date: 2.11.2021