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Case C-302/22: Order of the Court (Eight Chamber) of 3 October 2022 (request for a preliminary ruling from the Amtsgericht Eilenburg — Germany) — YS, RW v Freebird Airlines Europe Ltd. (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) — Compensation for air passengers in the event of long delays to flights — Exemption from the obligation to pay compensation — Extraordinary circumstances — Collision between an aircraft and birds — Emergency braking manoeuvre leading to damage to the tyres of that aircraft)
ECLI:EU:UNKNOWN:62022CB0302
62022CB0302
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16.1.2023
Official Journal of the European Union
C 15/21
(Case C-302/22) (*)
(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) - Compensation for air passengers in the event of long delays to flights - Exemption from the obligation to pay compensation - Extraordinary circumstances - Collision between an aircraft and birds - Emergency braking manoeuvre leading to damage to the tyres of that aircraft)
(2023/C 15/22)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: YS, RW
Defendant: Freebird Airlines Europe Ltd.
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
the interruption of the take-off phase of an aircraft caused by the collision of that aircraft with birds and resulting in an emergency braking manoeuvre damaging the tyres of that aircraft comes within the scope of the concept of ‘extraordinary circumstances’, for the purposes of that provision.
(*) Filing date: 6. 5.2022.