Communication: new case No. 0228 of 2022

IDENTIFIER
62022CN0228
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
0
REFERENCED
0
DOCUMENT TYPE
Communication: new case

Judgment



20.6.2022   

EN

Official Journal of the European Union

C 237/38


Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 1 April 2022 — flightright GmbH v Eurowings GmbH

(Case C-228/22)

(2022/C 237/49)

Language of the case: German

Referring court

Amtsgericht Düsseldorf

Parties to the main proceedings

Applicant: flightright GmbH

Defendant: Eurowings GmbH

Questions referred

1.

Is there always an extraordinary circumstance within the meaning of Article 5(3) of Regulation (EC) No 261/2004 (1) (the Air Passenger Rights Regulation) in the case where the flight cancellation or the delay equivalent to a cancellation is attributable to a change to the slot allocation made by the competent air traffic control authority?

2.

If the answer to Question 1 is in the negative, is it sufficient, for a finding that there is an extraordinary circumstance under Article 5(3) of the Air Passenger Rights Regulation, that the change of slot allocation was attributable to a weather-related reduction in flight capacity, but the weather situation did not bring air traffic as a whole largely to a standstill?


(1)  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 (OJ 2004 L 46, p. 1).



Citations

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