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Case C-408/24, Austrian Airlines: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 12 June 2024 – Republic of Austria v Austrian Airlines AG

ECLI:EU:UNKNOWN:62024CN0408

62024CN0408

June 12, 2024
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Official Journal of the European Union

EN

C series

C/2024/5217

(Case C-408/24, Austrian Airlines)

(C/2024/5217)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Republic of Austria

Defendant: Austrian Airlines AG

Question referred

Is Article 8 of Regulation (EC) No 550/2004 (1) of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (‘the service provision Regulation’), as amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (‘Regulation (EC) No 1070/2009’), read in conjunction with Article 2(4) of Regulation (EC) No 549/2004 (2) of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (‘the framework Regulation’), as amended by Regulation (EC) No 1070/2009, to be interpreted as meaning that the provision of air navigation services is also intended to protect every user of air space against purely financial damage resulting from unlawful and culpable negligence on the part of the air navigation service provider responsible for air navigation services?

Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (the service provision Regulation) (OJ 2004 L 96, p. 10), as amended by Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 (OJ 2009 L 300, p. 34).

Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (Text with EEA relevance) - Statement by the Member States on military issues related to the single European sky (OJ 2004 L 96, p. 1), as amended by Regulation (EC) No 1070/2009 (OJ 2009 L 300, p. 34).

ELI: http://data.europa.eu/eli/C/2024/5217/oj

ISSN 1977-091X (electronic edition)

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* Language of the case: German.

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