Official Journal of the European Union
Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 1 April 2022 — flightright GmbH v Eurowings GmbH
Language of the case: German
Parties to the main proceedings
Applicant: flightright GmbH
Defendant: Eurowings GmbH
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?
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).