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EN
(2018/C 112/10)
Language of the case: German
Applicant: Emirates Airlines — Direktion für Deutschland
Defendants: Aylin Wüst, Peter Wüst
1.Should Article 5(3) of Council Regulation (EC) No 261/2004 (1) of 11 February 2004 be interpreted as meaning that the temporary closure of an airport due to an accident involving an aircraft on landing constitutes an extraordinary circumstance?
2.If the answer to the first question is in the affirmative: Should Article 5(3) of Council Regulation (EC) No 261/2004 of 11 February 2004 be interpreted as meaning that the temporary closure of an airport constitutes an extraordinary circumstance even if the aircraft involved in the accident belonged to the fleet of the air carrier which is relying on the occurrence of an extraordinary circumstance in relation to a flight which was delayed due to the closure of the airport?
3.If the answer to the second question is in the affirmative: Should Article 5(3) of Council Regulation (EC) No 261/2004 of 11 February 2004 be interpreted as meaning that even in the case that the aircraft involved in the accident belonged to the fleet of an air carrier which is relying on the occurrence of an extraordinary circumstance in relation to a flight which was delayed due to the closure of the airport, the delay in arrival of longer than three hours was ‘caused’ by that extraordinary circumstance?
* 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).
* * *
Language of the case: German
ECLI:EU:C:2018:140