This document is an excerpt from the EUR-Lex website
Document 62017CN0228
Case C-228/17: Request for a preliminary ruling from the Amtsgericht Hannover (Germany) lodged on 28 April 2017 — Reinhard Wittmann v TUIfly GmbH
Case C-228/17: Request for a preliminary ruling from the Amtsgericht Hannover (Germany) lodged on 28 April 2017 — Reinhard Wittmann v TUIfly GmbH
Case C-228/17: Request for a preliminary ruling from the Amtsgericht Hannover (Germany) lodged on 28 April 2017 — Reinhard Wittmann v TUIfly GmbH
IO C 231, 17.7.2017, p. 18–18
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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17.7.2017 |
EN |
Official Journal of the European Union |
C 231/18 |
Request for a preliminary ruling from the Amtsgericht Hannover (Germany) lodged on 28 April 2017 — Reinhard Wittmann v TUIfly GmbH
(Case C-228/17)
(2017/C 231/22)
Language of the case: German
Referring court
Amtsgericht Hannover
Parties to the main proceedings
Applicant: Reinhard Wittmann
Defendant: TUIfly GmbH
Questions referred
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1. |
Is the absence on sick leave of a significant part of an operating air carrier’s staff for flight operation an extraordinary circumstance under Article 5(3) of Regulation (EC) No 261/2004? (1) In the event that the first question is answered in the affirmative: how high must the rate of absence be to constitute such an extraordinary circumstance? |
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2. |
In the event that the first question is answered in the negative: is the spontaneous absence, due to unauthorised work stoppage under employment law or collective agreements (‘wildcat strike’), of a significant part of an operating air carrier’s staff for flight operation an extraordinary circumstance under Article 5(3) of Regulation (EC) No 261/2004? In the event that the second question is answered in the affirmative: how high must the rate of absence be to constitute such an extraordinary circumstance? |
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3. |
In the event that the first or the second question is answered in the affirmative: must the extraordinary circumstance itself have been present at the time the flight was cancelled or is the operating air carrier entitled to devise a new flight plan pursuant to economic considerations? |
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4. |
In the event that the first or the second question is answered in the affirmative: must the extraordinary circumstance itself have been present at the time the flight was cancelled or is the operating air carrier entitled to devise a new flight plan pursuant to economic considerations? |
(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.