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Case C-520/16: Request for a preliminary ruling from the Amtsgericht Hannover (Germany) lodged on 5 October 2016 — Andrea Witzel, Jannis Witzel, Jazz Witzel v Germanwings GmbH
ECLI:EU:UNKNOWN:62016CN0520
62016CN0520
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Valentina R., lawyer
30.1.2017
EN
Official Journal of the European Union
C 30/15
(Case C-520/16)
(2017/C 030/17)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Andrea Witzel, Jannis Witzel, Jazz Witzel
Defendant: Germanwings GmbH
Questions referred
1.Is Article 5(3) of Regulation (EC) No 261/2004 (1) of the European Parliament and of the Council to be interpreted as meaning that avoidability relates only to the occurrence of the extraordinary circumstances or also to the consequences of the extraordinary circumstances, namely cancellation or major delay?
2.If the Court answers question 1 to the effect that avoidability relates to the delay: if the aircraft on the preceding flight is affected by the extraordinary circumstances, must the operating air carrier attempt to find a replacement aircraft already upon the occurrence of the extraordinary circumstances in the preceding flight, or can it wait until it is certain that the extraordinary circumstances lead to a considerable delay to the following flight?
3.If the Court answers question 1 to the effect that avoidability relates to the delay: is booking a sub-charter flight unreasonable if the cost is approximately three times higher than the original flight?
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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 (Text with EEA relevance) — Commission Statement (OJ L 46, 17.2.2004, p. 1).