CELEX: 62016CN0257
Language: en
Date: 2016-05-09 00:00:00
Title: Case C-257/16: Request for a preliminary ruling from the Amtsgericht Köln (Germany) lodged on 9 May 2016 — Elke Roch, Jürgen Roch v Germanwings GmbH

1.8.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 279/15
            
         Request for a preliminary ruling from the Amtsgericht Köln (Germany) lodged on 9 May 2016 — Elke Roch, Jürgen Roch v Germanwings GmbH
   (Case C-257/16)
   (2016/C 279/21)
   Language of the case: German
   
      Referring court
   
   Amtsgericht Köln
   
      Parties to the main proceedings
   
   
      Applicants: Elke Roch, Jürgen Roch
   
      Defendant: Germanwings GmbH
   
      Questions referred
   
   
               1.
            
            
               Is a technical defect of the aircraft caused by bird strike, that is, a collision in the air between the aircraft and birds, an extraordinary circumstance within the meaning of Article 5(3) of the regulation? (1)
               
            
         
               2.
            
            
               Is Article 5(3) of the regulation to be interpreted as meaning that the operating air carrier can rely also on extraordinary circumstances which did not occur on the flight booked by the passenger but on an immediately preceding flight with the aircraft scheduled for the booked flight as part of a flight diagram?
            
         
      (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).