Official Journal of the European Union

EN

C series

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C/2025/2100

14.4.2025

(Case T-134/25, D)

(C/2025/2100)

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicant: D S. A.

Defendant: P S. A.

Questions referred

Must Article 5(3) of 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, (1) be interpreted as meaning that every air traffic management decision, irrespective of its duration, constitutes an extraordinary circumstance, even if it does not of itself cause a delay of at least three hours?

If not every air traffic management decision constitutes an extraordinary circumstance, should the national court examine what the basis for the air traffic management decision was, for example adverse weather conditions resulting in limited sector capacity on the route of the flight, and is it then entitled to assess whether or not it constituted an extraordinary circumstance?

If a passenger’s flight is delayed for more than three hours, including as a result of an air traffic management decision imposed on the flight immediately preceding the passenger’s flight, in view of limited sector capacity the route of the flight resulting from adverse weather conditions, does that air traffic management decision constitute an extraordinary circumstance?

In that situation, must the air traffic management decision concern directly the delayed flight or may it also concern an earlier flight in the rotation?

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(1)

OJ 2004 L 46, p. 1.

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ELI: http://data.europa.eu/eli/C/2025/2100/oj

ISSN 1977-091X (electronic edition)

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