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Case C-137/20: Request for a preliminary ruling from the Tribunal Judicial da Comarca dos Açores (Portugal) lodged on 12 March 2020 — MV v SATA Internacional — Serviços de Transportes Aéreos SA
ECLI:EU:UNKNOWN:62020CN0137
62020CN0137
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Valentina R., lawyer
22.6.2020
EN
Official Journal of the European Union
C 209/14
(Case C-137/20)
(2020/C 209/20)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: MV
Defendant: SATA Internacional — Serviços de Transportes Aéreos SA
Question referred
Must an event such as that which occurred on 6 June 2016, in which a flight was cancelled due to the meteorological conditions at the destination airport — that is to say, because at the time of the flight’s departure the minimal horizontal visibility limits, and also the minimum vertical visibility limits for the runway, were not ensured and, therefore, the required safety conditions not guaranteed in that airport and for the aircraft in question for the landing manoeuvre, it even being forecast that the atmospheric conditions would deteriorate in the following hours — be characterised as an ‘extraordinary circumstance’ within the meaning of Article 5(3) of Regulation No 261/2004 (1) which relieves the air carrier of the obligation to pay compensation?
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).