Official Journal of the European Union

C series

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C/2025/1233

3.3.2025

(Case T-656/24, European Air Charter)

(C/2025/1233)

Language of the case: German

Referring court

Parties to the main proceedings

Applicants: NI and HZ

Defendant: European Air Charter Aktiengesellschaft

Questions referred

1.Is the delayed arrival of a flight by at least three hours directly the result of an extraordinary circumstance within the meaning of Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council (1) even if, on a preceding flight on the same day, the operating air carrier decided, because of significant delays at the security check, to wait for passengers who had not yet been cleared and the resulting delay cannot be made up by the time of the flight at issue?

2.If the answer to the first question depends on whether and how many passengers arrived for boarding of the delayed preceding flight, from what proportion of passengers booked on the flight who actually turned up is the (further) delay of the preceding flight no longer directly the result of extraordinary circumstances within the meaning of Article 5(3) of Regulation (EC) No 261/2004, but on an autonomous decision by the air carrier which lies solely within its sphere of control?

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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).

ELI: http://data.europa.eu/eli/C/2025/1233/oj

ISSN 1977-091X (electronic edition)

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