CELEX: 62019CN0334
Language: en
Date: 2019-04-24 00:00:00
Title: Case C-334/19: Request for a preliminary ruling from the Landgericht Stuttgart (Germany) lodged on 24 April 2019 — Eurowings GmbH v GD, HE, IF

26.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/17
            
         
      Request for a preliminary ruling from the Landgericht Stuttgart (Germany) lodged on 24 April 2019 — Eurowings GmbH v GD, HE, IF
      (Case C-334/19)
      (2019/C 288/22)
      Language of the case: German
      
         Referring court
      
      Landgericht Stuttgart
      
         Parties to the main proceedings
      
      
         Appellant: Eurowings GmbH
      
         Respondents: GD, HE, IF
      
         Question referred
      
      Are the provisions 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, (1) in particular Article 5(3) thereof, to be interpreted as meaning that the spontaneous absence of a significant portion of the flight crew staff — occasioned by their placing themselves on sick leave (‘a wildcat strike’) — of an air carrier that is leasing out an aircraft and crew under a ‘wet lease’ to the ‘operating air carrier’, within the meaning of Article 2(b) of that regulation, but which does not bear operational responsibility for the flights, has as an effect that the ‘operating air carrier’ is also not able to rely on ‘extraordinary circumstances’ within the meaning of Article 5(3) of that regulation, in accordance with the judgment of 17 April 2018, Krüsemann and Others, C-195/17, C-197/17 to C-203/17, C-226/17, C-228/17, C-254/17, C-274/17, C-275/17, C-278/17 to C-286/17 and C-290/17 to C-292/17? (2)
      
      
         (1)  OJ 2004 L 46, p. 1.
      
         (2)  EU:C:2018:258.