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Case C-388/22: Request for a preliminary ruling from the Amtsgericht Frankfurt am Main (Germany) lodged on 14 June 2022 — flightright GmbH v Transportes Aéreos Portugueses SA (TAP)
ECLI:EU:UNKNOWN:62022CN0388
62022CN0388
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EN
Official Journal of the European Union
C 318/31
(Case C-388/22)
(2022/C 318/43)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: flightright GmbH
Defendant: Transportes Aéreos Portugueses SA (TAP)
Questions referred
1.Do extraordinary circumstances within the meaning of Article 5(3) of Regulation (EC) No 261/2004 (1) exist where meteorological conditions occur which are incompatible with the operation of a flight, irrespective of their specific nature?
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?
3.Do extraordinary circumstances within the meaning of Article 5(3) of the Regulation exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay or the cancellation of one or more flights by that aircraft, irrespective of the reason for that decision?
4.If the answer to Question 3 is in the negative, must the reason for the decision also be extraordinary, such that it need not be expected?
(1) 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).