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Case T-294/25, Ryanair DAC: Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 15 April 2025 – Ryanair DAC v VT
ECLI:EU:UNKNOWN:62025TN0294
62025TN0294
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Official Journal of the European Union
EN
C series
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C/2025/3544
7.7.2025
(Case T-294/25, Ryanair DAC)
(C/2025/3544)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Appellant: Ryanair Designated Activity Company
Respondent: VT
Questions referred
Must the operating air carrier, in order to be exempted from liability, prove that it took ‘all reasonable measures’ within the meaning of Article 5(3) of Regulation No 261/2004 (<span class="oj-super oj-note-tag">1</span>) by
providing for a ‘minimum reserve time’ for each of the previous flights operated by the same aircraft, when organising a series of flights with the same aircraft, or
can the concept of a ‘reasonable measure’ be interpreted as providing for a ‘minimum reserve time’ of a duration specified by way of guidance, or is the duration to be determined according to the circumstances of the specific case?
When determining the total duration of the delayed operation (more than three hours), assuming that ‘extraordinary circumstances’ of a certain duration are present, is the minimum reserve time (which has been determined with the aid of a duration specified by way of guidance or determined specifically according to the circumstances) to be deducted?
Is it necessary to prove that, in the light of the capacities of the undertaking at the relevant time, it was not possible to operate the flight – even with a replacement aircraft other than the one planned – where the ‘slots’ are set in advance by Eurocontrol in accordance with a timetable?
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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).
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ELI: http://data.europa.eu/eli/C/2025/3544/oj
ISSN 1977-091X (electronic edition)
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