Official Journal of the European Union

C series

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C/2025/1230

3.3.2025

(Case T-648/24, Ryanair)

(C/2025/1230)

Language of the case: German

Referring court

Parties to the main proceedings

Applicants: EO and DC

Defendant: Ryanair

Questions referred

The following questions are referred to the Court of Justice of the European Union for a preliminary ruling under Article 267 TFEU on the interpretation of Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council: (1)

1.Is a cancellation or a long delay equivalent to a cancellation always caused by extraordinary circumstances where the cancellation or long delay in arrival is due to slot allocations by the competent air traffic control authority, without the air carrier’s having triggered the delayed slot allocation[s] through circumstances for which it is itself responsible?

In the event that the Court answers the first question in the negative:

2.Is a cancellation or a long delay equivalent to a cancellation always caused by extraordinary circumstances where the cancellation or long delay in arrival is due to slot allocations by the competent air traffic control authority, without the air carrier’s having triggered the delayed slot allocation[s] through circumstances for which it is itself responsible, and the air traffic control authority cites to the air carrier as the reason for the delay IATA Delay Code 81 (‘Air Traffic Flow Management (ATFM) due to ATC EN-ROUTE DEMAND/CAPACITY, standard demand/capacity problems’)?

* 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).

ELI: http://data.europa.eu/eli/C/2025/1230/oj

ISSN 1977-091X (electronic edition)

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