CELEX: 62014CN0364
Language: en
Date: 2014-07-28 00:00:00
Title: Case C-364/14: Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 28 July 2014  — Annette Lorch, Kurt Lorch v Condor Flugdienst GmbH

29.9.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 339/14
            
         Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 28 July 2014 — Annette Lorch, Kurt Lorch v Condor Flugdienst GmbH
   (Case C-364/14)
   2014/C 339/17
   Language of the case: German
   
      Referring court
   
   Amtsgericht Rüsselsheim
   
      Parties to the main proceedings
   
   
      Applicants: Annette Lorch, Kurt Lorch
   
      Defendant: Condor Flugdienst GmbH
   
      Questions referred
   
   
               1.
            
            
               Must the extraordinary circumstance within the meaning of Article 5(3) of Regulation No 261/2004 (1) relate directly to the booked flight?
            
         
               2.
            
            
               If the first question is to be answered in the negative, how many earlier flights involving the aircraft to be used for the scheduled flight are relevant to the existence of an extraordinary circumstance? Is there a time-limit to the consideration of extraordinary circumstances which occur during earlier flights? If so, how is that time-limit to be calculated?
            
         
               3.
            
            
               If extraordinary circumstances which occur during earlier flights are also relevant to a later flight, must the reasonable measures to be taken by the operating air carrier, in accordance with Article 5(3) of the regulation, relate only to preventing the extraordinary circumstance or also to avoiding a long delay?
            
         
      (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).