Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 15 August 2022 — Air Europa Lineas Aereas v VO, GR

(Case C-545/22)

(2022/C 424/38)

Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings

Appellant: Air Europa Lineas Aereas

Respondents: VO, GR

Question referred

Must Article 5(3) of Regulation (EC) No 261/2004 (1) be interpreted as meaning that the cancellation of a flight is caused by extraordinary circumstances where, as a result of the collapse of global air traffic from March 2020, following the outbreak of the global Covid-19 pandemic, the airline drastically reduces its flight schedule and cancels numerous flights due to a lack of economically effective capacity utilisation of flights and in order to protect the health of the crew and the pilot, without having been forced to cancel the flight by measures of authorities such as airport closures, flight bans or entry bans?

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(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).