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21.9.2013 |
EN |
Official Journal of the European Union |
C 274/3 |
Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 25 June 2013 — Erich Pickert v Condor Flugdienst GmbH
(Case C-347/13)
2013/C 274/06
Language of the case: German
Referring court
Amtsgericht Rüsselsheim
Parties to the main proceedings
Applicant: Erich Pickert
Defendant: Condor Flugdienst GmbH
Questions referred
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1. |
Must the extraordinary circumstance within the meaning of Article 5(3) of Regulation No 261/2004 (1) relate directly to the booked flight? |
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2. |
If the first question is to be answered in the negative, how many earlier flights involving the aircraft to be used for 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? |
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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).