CELEX: 62019CN0792
Language: en
Date: 2019-10-28 00:00:00
Title: Case C-792/19: Request for a preliminary ruling from the Landgericht Köln (Germany) lodged on 28 October 2019 — TUIfly GmbH v EUflight.de GmbH

27.1.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 27/20
            
         
      Request for a preliminary ruling from the Landgericht Köln (Germany) lodged on 28 October 2019 — TUIfly GmbH v EUflight.de GmbH
      (Case C-792/19)
      (2020/C 27/26)
      Language of the case: German
      
         Referring court
      
      Landgericht Köln
      
         Parties to the main proceedings
      
      
         Appellant: TUIfly GmbH
      
         Respondent: EUflight.de GmbH
      
         Questions referred
      
      
                  1.
               
               
                  In the event of a strike, is the cancellation or long delay in the arrival of a flight caused by extraordinary circumstances within the meaning of Article 5(3) of Regulation (EC) No 261/2004 (1) even if the flight at issue was not directly affected by the strike and could have proceeded as scheduled, but was cancelled or delayed due to measures taken by the air carrier to reorganise the flight schedule as a result of the strike (in this case, the use of the aircraft intended for the flight in order to remedy the consequences of the strike)?
               
            
                  2.
               
               
                  In the event that an air carrier may also be released from liability in the case of a reorganisation measure:
                  Is it essential that the reorganisation measure had already been taken before the strike began, when it was not yet foreseeable which flight would ultimately be affected by the strike action, or is exculpation possible also if the flight schedule was reorganised only during or after the strike and it was already established that the flight at issue was not directly affected by the strike?
               
            
         (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).