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Case C-164/20: Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 20 April 2020 — Airhelp Limited v Austrian Airlines AG
ECLI:EU:UNKNOWN:62020CN0164
62020CN0164
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Valentina R., lawyer
13.7.2020
EN
Official Journal of the European Union
C 230/17
(Case C-164/20)
(2020/C 230/22)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: Airhelp Limited
Respondent: Austrian Airlines AG
Question referred
Are Articles 5, 6 and 7 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 (1) to be interpreted as meaning that the illness and associated unfitness to fly, as diagnosed by an airport doctor, of a passenger who has already boarded an aircraft which has not yet taken off — after which the air carrier refuses to carry that passenger, with the result that the passenger must leave the aircraft and his baggage must be unloaded — must be regarded as an ‘extraordinary circumstance’ within the meaning of 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?
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Language of the case: German
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(1) OJ 2004 L 46, p. 1.
ECLI:EU:C:2020:140