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Case C-334/19: Request for a preliminary ruling from the Landgericht Stuttgart (Germany) lodged on 24 April 2019 — Eurowings GmbH v GD, HE, IF
ECLI:EU:UNKNOWN:62019CN0334
62019CN0334
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Valentina R., lawyer
26.8.2019
EN
Official Journal of the European Union
C 288/17
(Case C-334/19)
(2019/C 288/22)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Eurowings GmbH
Respondents: GD, HE, IF
Question referred
Are the provisions 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, in particular Article 5(3) thereof, to be interpreted as meaning that the spontaneous absence of a significant portion of the flight crew staff — occasioned by their placing themselves on sick leave (‘a wildcat strike’) — of an air carrier that is leasing out an aircraft and crew under a ‘wet lease’ to the ‘operating air carrier’, within the meaning of Article 2(b) of that regulation, but which does not bear operational responsibility for the flights, has as an effect that the ‘operating air carrier’ is also not able to rely on ‘extraordinary circumstances’ within the meaning of Article 5(3) of that regulation, in accordance with the judgment of 17 April 2018, Krüsemann and Others, C-195/17, C-197/17 to C-203/17, C-226/17, C-228/17, C-254/17, C-274/17, C-275/17, C-278/17 to C-286/17 and C-290/17 to C-292/17?
Language of the case: German.
* * *
(1) OJ 2004 L 46, p. 1.
(2) EU:C:2018:258.