do-me/EUR-LEX huggingface dataset:
Case C-308/21: Request for a preliminary ruling from the Tribunal Judicial da Comarca dos Açores (Portugal) lodged on 14 May 2021 — KU and Others v SATA International — Azores Airlines SA
Date: 2021-05-14
Institutions: Court of Justice
Subjects: airline, airport, carriage of passengers, fuel, indemnification, security of supply








C_2021329EN.01001101.xml










16.8.2021   


EN


Official Journal of the European Union


C 329/11






Request for a preliminary ruling from the Tribunal Judicial da Comarca dos Açores (Portugal) lodged on 14 May 2021 — KU and Others v SATA International — Azores Airlines SA
(Case C-308/21)
(2021/C 329/14)
Language of the case: Portuguese

Referring court

Tribunal Judicial da Comarca dos Açores

Parties to the main proceedings


Applicants: KU, OP, GC

Defendant: SATA International — Azores Airlines SA

Question referred

Does a delay of more than three hours to, or the cancellation of, a flight as a result of a breakdown of the supply of fuel at the airport of origin, in the case where that airport is responsible for the management of the fuel system, constitute an ‘extraordinary circumstance’ within the meaning and for the purposes of Article 5(3) of Regulation (EC) No 261/2004 (1) of the European Parliament and of the Council of 11 February 2004?


(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).
Case C-307/21: Request for a preliminary ruling from the Landgericht Kleve (Germany) lodged on 14 May 2021 — AB and Others v Ryanair DAC
Date: 2021-05-14
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, consumer protection, electronic commerce, indemnification, sales representative, travel agency, traveller








C_2021310EN.01001101.xml










2.8.2021   


EN


Official Journal of the European Union


C 310/11






Request for a preliminary ruling from the Landgericht Kleve (Germany) lodged on 14 May 2021 — AB and Others v Ryanair DAC
(Case C-307/21)
(2021/C 310/14)
Language of the case: German

Referring court

Landgericht Kleve

Parties to the main proceedings


Appellants: AB and Others

Respondent: Ryanair DAC

Question referred

Are Article 5(1)(c) and Article 7 of Regulation (EC) No 261/2004 (1) to be interpreted as meaning that the operating air carrier must pay compensation in the event of a flight cancellation of which the passenger was not informed at least two weeks prior to the scheduled time of departure, even though the air carrier sent that information in good time before the expiry of two weeks to the only email address communicated to it in the course of the booking, without, however, being aware that the booking had been made via an agent or its internet platform and that the email address communicated by the booking platform could be used at most to contact the agent, and not the passenger directly?


(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).
Case T-257/21: Action brought on 14 May 2021 — Basaglia v Commission
Date: 2021-05-14
Institutions: General Court
Subjects: access to EU information, criminal proceedings, indemnification, judgment of the Court (EU), legality, right to information, rights of the defence








C_2021252EN.01003201.xml










28.6.2021   


EN


Official Journal of the European Union


C 252/32






Action brought on 14 May 2021 — Basaglia v Commission
(Case T-257/21)
(2021/C 252/43)
Language of the case: Italian

Parties


Applicant: Giorgio Basaglia (Milan, Italy) (represented by: G. Balossi, F. Fimmanò and G. Borriello, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should order the European Commission to pay compensation for the damage suffered by Mr Giorgio Basaglia for the reasons referred to in the application, by way of damages for non-contractual liability, in an amount not lower than EUR 5 013 328,64.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law and a chapter concerning the quantification of the damage suffered.
As regards the non-contractual liability in the present case, the applicant remarks that:






—


by its judgment of 23 September 2020 (Case T-727/19, Basaglia v Commission), the Court annulled the decision of the European Commission rejecting the request for access to documents submitted by the applicant;










—


that judgment, in particular, confirmed that the Commission’s conduct was unlawful since it had unilaterally restricted the applicant’s right to access the requested documents;










—


clear damage resulted from that unlawful conduct in the criminal proceedings pending against the applicant and in the proceedings before the Court of Auditors concerning losses to the public purse — since in all three sets of proceedings it was impossible for the applicant to set out his defence in full; and










—


there is a clear causal link between the misconduct and the alleged damage.