CELEX: 62017CA0501
Language: en
Date: 2019-04-04 00:00:00
Title: Case C-501/17: Judgment of the Court (Third Chamber) of 4 April 2019 (request for a preliminary ruling from the Landgericht Köln — Germany) — Germanwings GmbH v Wolfgang Pauels (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights — Scope — Exemption from the obligation to pay compensation — Notion of ‘extraordinary circumstances’ — Damage to an aircraft tyre caused by a foreign object lying on an airport runway)

17.6.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 206/4
            
         
      Judgment of the Court (Third Chamber) of 4 April 2019 (request for a preliminary ruling from the Landgericht Köln — Germany) — Germanwings GmbH v Wolfgang Pauels
      (Case C-501/17) (1)
      
      (Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 5(3) - Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights - Scope - Exemption from the obligation to pay compensation - Notion of ‘extraordinary circumstances’ - Damage to an aircraft tyre caused by a foreign object lying on an airport runway)
      (2019/C 206/04)
      Language of the case: German
      
         Referring court
      
      Landgericht Köln
      
         Parties to the main proceedings
      
      
         Appellant: Germanwings GmbH
      
         Respondent: Wolfgang Pauels
      
         Operative part of the judgment
      
      Article 5(3) of 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, read in the light of recital 14 thereof, must be interpreted as meaning that damage to an aircraft tyre caused by a foreign object, such as loose debris, lying on an airport runway falls within the notion of ‘extraordinary circumstances’ within the meaning of that provision.
      However, in order to be released from its obligation to pay passengers compensation under Article 7 of Regulation No 261/2004, an air carrier whose flight has been subject to long delay due to such ‘extraordinary circumstances’ must prove that it deployed all its resources in terms of staff or equipment and the financial means at its disposal in order to avoid the changing of a tyre damaged by a foreign object, such as loose debris, lying on the airport runway from leading to long delay of the flight in question.
      
         (1)  OJ C 392, 20.11.2017.