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Joined Cases C-156/22 to C-158/22, TAP Portugal (Death of the co-pilot) and Others: Judgment of the Court (Third Chamber) of 11 May 2023 (requests for a preliminary ruling from the Landgericht Stuttgart — Germany) — TAP Portugal v flightright GmbH (C-156/22), Myflyright GmbH (C-157/22 and C-158/22) (References for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Compensation to air passengers in the event of cancellation of flights — Article 5(3) — Exemption from the obligation to pay compensation — Concept of ‘extraordinary circumstances’ — Unexpected absence, due to illness or death, of a crew member whose presence is essential to the operation of the flight)
ECLI:EU:UNKNOWN:62022CA0156
62022CA0156
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Official Journal of the European Union
C 223/5
(Joined Cases C-156/22 to C-158/22, (1) TAP Portugal (Death of the co-pilot) and Others)
(References for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Compensation to air passengers in the event of cancellation of flights - Article 5(3) - Exemption from the obligation to pay compensation - Concept of ‘extraordinary circumstances’ - Unexpected absence, due to illness or death, of a crew member whose presence is essential to the operation of the flight)
(2023/C 223/06)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: TAP Portugal
Defendants: flightright GmbH (C-156/22), Myflyright GmbH (C-157/22 and C-158/22)
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 the unexpected absence — due to illness or death of a crew member whose presence is essential to the operation of a flight — which occurred shortly before the scheduled departure of that flight, does not fall within the concept of ‘extraordinary circumstances’ within the meaning of that provision.
(1) Language of the case: German.
* * *
(1) OJ C 222, 7.6.2022.