CELEX: 62014CN0046
Language: en
Date: 2014-01-28 00:00:00
Title: Case C-46/14: Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 28 January 2014 — Jürgen Kaiser v Condor Flugdienst GmbH

12.5.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 142/10
            
         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).