Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 28 January 2014 — Jürgen Kaiser v Condor Flugdienst GmbH

(Case C-46/14)

2014/C 142/13

Language of the case: German

Referring court

Amtsgericht Rüsselsheim

Parties to the main proceedings

Applicant: Jürgen Kaiser

Defendant: Condor Flugdienst GmbH

Question referred

Is there an obligation on an airline company which wishes to rely on the exemption possibility in Article 5(3) of Regulation No 261/2004 (1) to set out and prove that all reasonable measures were undertaken by it to avoid the likely consequences of extraordinary circumstances in the shape of cancellation or considerable delay or that no such reasonable measures were available to it?

(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 (Text with EEA relevance) — Commission Statement (OJ 2004 L 46, p. 1).