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Case C-287/20: Order of the Court (Eighth Chamber) of 10 January 2022 (request for a preliminary ruling from the Amtsgericht Hamburg — Germany) — EL, CP v Ryanair DAC (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights — Exemption from the obligation to pay compensation — Concept of ‘extraordinary circumstances’ — Strike by cabin crew and pilots — Circumstances that are ‘internal’ and ‘external’ to the operating air carrier’s activity — Charter of Fundamental Rights of the European Union — Articles 12 and 28 — Articles 12 and 28 of the Charter of Fundamental Rights of the European Union — No infringement of the workers’ freedom of assembly and association and the air carrier’s right of negotiation)
ECLI:EU:UNKNOWN:62020CB0287
62020CB0287
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23.5.2022
Official Journal of the European Union
C 207/7
(Case C-287/20) (*)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Air transport - Regulation (EC) No 261/2004 - Article 5(3) - Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights - Exemption from the obligation to pay compensation - Concept of ‘extraordinary circumstances’ - Strike by cabin crew and pilots - Circumstances that are ‘internal’ and ‘external’ to the operating air carrier’s activity - Charter of Fundamental Rights of the European Union - Articles 12 and 28 - Articles 12 and 28 of the Charter of Fundamental Rights of the European Union - No infringement of the workers’ freedom of assembly and association and the air carrier’s right of negotiation)
(2022/C 207/09)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: EL, CP
Defendant: Ryanair DAC
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 strike action which is entered into upon a call by a trade union of the cabin crew and pilots of an operating air carrier and which is intended to assert the demands of those workers does not come within the concept of ‘extraordinary circumstances’ within the meaning of that provision, any prior negotiations with the workers’ representatives being irrelevant in that regard.
(*) Language of the case: German.