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Case C-257/15: Request for a preliminary ruling from the Amtsgericht Hannover (Germany) lodged on 1 June 2015 — Michael Ihden, Gisela Brinkmann v TUIfly GmbH
ECLI:EU:UNKNOWN:62015CN0257
62015CN0257
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Valentina R., lawyer
24.8.2015
Official Journal of the European Union
C 279/19
(Case C-257/15)
(2015/C 279/23)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Michael Ihden, Gisela Brinkmann
Defendant: TUIfly GmbH
Questions referred
1.Must Article 5(3) of Regulation (EC) No 261/2004 (1) be interpreted as meaning that extraordinary circumstances which arise during a preceding flight continue to constitute extraordinary circumstances in relation to the flight at issue in the case where the airline operator has the possibility to avoid delay in the remaining flights of the flight sequence by not carrying out certain flights within that flight sequence?
2.If the Court’s answer to Question 1 is in the affirmative: Must the extraordinary circumstances have arisen on the same day, the previous day or, more generally, only within the scheduled flight sequence?
(1) 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 (Text with EEA relevance) — Commission Statement (OJ 2004 L 46, p. 1).