EN

Official Journal of the European Union

C 424/20

(Case C-534/17)

(2017/C 424/30)

Language of the case: German

Referring court

Parties to the main proceedings

Applicants: Ursula Kaufmann, Viktor Schay

Defendant: TUIfly GmbH

Questions referred

1.Is Article 5(3) of Regulation No 261/2004, read in the light of recital 15, to be interpreted as meaning that an operating air carrier can be exempted from its obligation to pay compensation solely on the basis of such extraordinary circumstances that first occurred on the day of the flight, or can extraordinary circumstances that already occurred on the previous day justify the cancellation or long delay of a flight on the following day?

2.If extraordinary circumstances that already occurred on the previous day can also justify the cancellation or long delay of a flight on the following day, is Article 5(3) of Regulation No 261/2004 to be interpreted as meaning that an air carrier is required, as part of the reasonable measures which it must take in order to avoid extraordinary circumstances, to make adequate provision for such contingencies in advance and, in any event, also adequately provide replacement aircraft at its home base?

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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