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Document C2006/294/52

Case C-396/06: Reference for a preliminary ruling from the Østre Landsret (Denmark) lodged on 21 September 2006 — Eivind F. Kramme v SAS Scandinavian Airlines Danmark A/S

OJ C 294, 2.12.2006, p. 29–30 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

2.12.2006   

EN

Official Journal of the European Union

C 294/29


Reference for a preliminary ruling from the Østre Landsret (Denmark) lodged on 21 September 2006 — Eivind F. Kramme v SAS Scandinavian Airlines Danmark A/S

(Case C-396/06)

(2006/C 294/52)

Language of the case: Danish

Referring court

Østre Landsret

Parties to the main proceedings

Applicant: Eivind F. Kramme

Defendant: SAS Scandinavian Airlines Danmark A/S

Questions referred

1.

Is there an extraordinary circumstance when an aircraft is taken out of operation due to technical problems, with the result that a flight is cancelled (see 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)?

2.

If Question 1 is answered in the affirmative, which reasonable measures for the purposes of the Regulation must an air carrier then take to avoid flight cancellations due to technical problems?

3.

If Question 1 is answered in the affirmative, has an air carrier then taken all reasonable measures to avoid cancellation for the purposes of the Regulation if it can be established that there were no aircraft available for use for the flight in respect of which an aircraft which was taken out of operation due to technical problems was scheduled to be used?

4.

If Question 1 is answered in the affirmative, is it relevant that the documentation concerning the technical problems relied on by the air carrier originates solely from the air carrier itself?


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