Request for a preliminary ruling from the Amtsgericht Frankfurt am Main (Germany) lodged on 3 February 2023 — flightright GmbH v TAP Portugal

(Case C-52/23, flightright)

(2023/C 164/41)

Language of the case: German

Referring court

Amtsgericht Frankfurt am Main

Parties to the main proceedings

Applicant: flightright GmbH

Defendant: TAP Portugal

Questions referred

1.	Do extraordinary circumstances within the meaning of Article 5(3) of Regulation (EU) No 261/2004 (1) exist where meteorological conditions occur which are incompatible with the operation of a flight, irrespective of whether those meteorological conditions are extraordinary?

2.	If the answer to Question 1 is in the negative, can the extraordinary nature of the meteorological conditions be determined by reference to their regional and seasonal frequency at the place and time at which they occur?

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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).