62021CO0659_INF
Order of the Court (Eighth Chamber) of 30 March 2022 – Orbest
(Case C‑659/21)
(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 5(3) – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Aircraft’s technical failure caused by the collision of a catering vehicle owned by a third party with that aircraft while the latter was parked at the airport)
Transport – Air transport – Regulation No 261/2004 – Compensation and assistance to passengers – Cancellation or long delay of flights – Exemption from the obligation to pay compensation – Condition – Extraordinary circumstances – Concept – Technical failure of an aircraft parked at the airport caused by its collision with a catering vehicle owned by a third party – Included – Reasonable measures taken by the air carrier in order to avoid cancellation or long delay of a flight – Re-routing of a passenger – Conditions – Determination by the national court
(European Parliament and Council Regulation No 261/2004, recitals 1, 14 and 15 and Art. 5(3))
(see paras 20-27, operative part)
Operative part
Article 5(3) of 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 must be interpreted as meaning that the technical failure of an aircraft caused by the collision of a catering vehicle owned by a third party with that aircraft while the latter was parked at the airport may be covered by the concept of ‘extraordinary circumstances’, within the meaning of that provision.