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Valentina R., lawyer
EN
(Case C-52/23, flightright)
(2023/C 164/41)
Language of the case: German
Applicant: flightright GmbH
Defendant: TAP Portugal
1.Do extraordinary circumstances within the meaning of Article 5(3) of Regulation (EU) No 261/2004 exist where meteorological conditions occur which are incompatible with the operation of a flight, irrespective of whether those meteorological conditions are extraordinary?
2.If the answer to Question 1 is in the negative, can the extraordinary nature of the meteorological conditions be determined by reference to their regional and seasonal frequency at the place and time at which they occur?
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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Language of the case: German