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Case C-308/21: Judgment of the Court (Eighth Chamber) of 7 July 2022 (request for a preliminary ruling from the Tribunal Judicial da Comarca dos Açores — Portugal) — KU, OP, GC v SATA International — Azores Airlines SA (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Compensation and assistance to passengers — Cancellation or long delay of flights — Article 5(3) — Exemption from the obligation to pay compensation — Extraordinary circumstances — Generalised failure of the aircraft refuelling system at the airport)
ECLI:EU:UNKNOWN:62021CA0308
62021CA0308
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Official Journal of the European Union
C 318/17
(Case C-308/21) (*)
(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Compensation and assistance to passengers - Cancellation or long delay of flights - Article 5(3) - Exemption from the obligation to pay compensation - Extraordinary circumstances - Generalised failure of the aircraft refuelling system at the airport)
(2022/C 318/23)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicants: KU, OP, GC
Defendant: SATA International — Azores Airlines SA
Operative part of the judgment
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, must be interpreted as meaning that where the airport of origin of the flights or aircraft concerned is responsible for the aircraft refuelling system, a generalised breakdown in the supply of fuel can be regarded as an ‘extraordinary circumstance’ within the meaning of that provision.
(*)
Language of the case: Portuguese
ECLI:EU:C:2022:140