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EN
C series
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(C/2024/5215)
Language of the case: German
Applicant and appellant: AirHelp Germany GmbH
Defendant and respondent: Austrian Airlines AG
Is Article 5(3) of Regulation (EC) No 261/2004 (1) 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 (the Air Passengers Rights Regulation) to be interpreted as meaning that an ‘extraordinary circumstance’ exists where the aircraft with which the flight was to be operated was struck by lightning on its immediately preceding flight, leading to a mandatory aircraft safety check by certified technicians as a result of which the aircraft was cleared for service again only approximately five hours after the scheduled departure?
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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).
ELI: http://data.europa.eu/eli/C/2024/5215/oj
ISSN 1977-091X (electronic edition)
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Language of the case: German.
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