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Case C-316/12: Reference for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 29 June 2012 — J. Sebastian Guevara Kamm v TAM Airlines S.A./TAM Linhas Aéreas S.A.
ECLI:EU:UNKNOWN:62012CN0316
62012CN0316
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Official Journal of the European Union
C 295/18
(Case C-316/12)
2012/C 295/30
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: J. Sebastian Guevara Kamm
Defendant: TAM Airlines S.A./TAM Linhas Aéreas S.A.
Question referred
Is Article 2(j) of Regulation (EC) No 261/2004 to be interpreted, with regard to the ‘reasonable grounds’ mentioned therein, to the effect that ‘reasonable grounds’ can only be grounds pertaining to the person of the passenger which jeopardise the safety of air transport or of other passengers or which affect other public or contractual interests, or can ‘reasonable grounds’ also be other grounds not pertaining to the person of the passenger, in particular cases of force majeure?
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).