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Case C-405/23, Touristic Aviation Services: Request for a preliminary ruling from the Landgericht Köln (Germany) lodged on 3 July 2023 — Touristic Aviation Services Limited v flightright GmbH
ECLI:EU:UNKNOWN:62023CN0405
62023CN0405
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Valentina R., lawyer
18.9.2023
EN
Official Journal of the European Union
C 329/13
(Case C-405/23, Touristic Aviation Services)
(2023/C 329/16)
Language of the case: German
Referring court
Parties to the main proceedings
Defendant and appellant: Touristic Aviation Services Limited
Applicant and respondent: flightright GmbH
Question referred
Is Article 5(3) of Regulation (EC) No 261/2004 (1) to be interpreted as meaning that a shortage of staff at the airport operator, or at a company commissioned by the airport operator, responsible for handling the baggage loading operations to be provided by that airport operator, constitutes an extraordinary circumstance, within the meaning of that provision, that has an external and uncontrollable effect on the normal activity of the air carrier using that service of the airport operator / company commissioned by that airport operator, or is the loading of baggage by the airport operator / a company commissioned by that airport operator and a shortage of loading staff at that airport operator / company commissioned by that airport operator to be classified as part of the normal exercise of the activity of that air carrier, such that an exculpation as provided for under Article 5(3) of Regulation (EC) No 261/2004 can be considered only if the reason for the shortage of staff constitutes an extraordinary circumstance within the meaning of that provision?
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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(1) Language of the case: German.