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Document 62013CN0068

Case C-68/13: Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 8 February 2013 — Markus Weiss v Condor Flugdienst GmbH

OJ C 114, 20.4.2013, p. 25–26 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

20.4.2013   

EN

Official Journal of the European Union

C 114/25


Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 8 February 2013 — Markus Weiss v Condor Flugdienst GmbH

(Case C-68/13)

2013/C 114/39

Language of the case: German

Referring court

Amtsgericht Rüsselsheim

Parties to the main proceedings

Applicant: Markus Weiss

Defendant: Condor Flugdienst GmbH

Questions referred

1.

Must the extraordinary circumstance within the meaning of Article 5(3) of the regulation (1) relate directly to the booked flight?

2.

If the first question is to be answered in the negative, how many earlier flights involving the aircraft to be used in the scheduled flight are relevant to the existence of an extraordinary circumstance? Is there a time limit to the consideration of extraordinary circumstances which occur during earlier flights? If so, how is that time limit to be calculated?

3.

If extraordinary circumstances which occur during earlier flights are also relevant to a later flight, must the reasonable measures to be taken by the operating air carrier, in accordance with Article 5(3) of the regulation, relate only to preventing the extraordinary circumstance or also to avoiding a long delay?


(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 (OJ 2004 L 46, p. 1).


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