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Flight delays: EU Court of Justice Judgment in Case C-405/23 Touristic Aviation Services
16 May 2024
Thursday 16th May 2024
Judgment in Case C-405/23 Touristic Aviation Services
(Transport)
In 2021, a flight from Cologne-Bonn (Germany) to the Greek island of Kos, operated by TAS, was delayed by 3 hours and 49 minutes. The delay was due to a number of reasons, but mainly due to a lack of staff at Cologne-Bonn airport to load luggage onto the plane.
A number of passengers affected by the delay have assigned their claims for compensation to Flightright who brought an action against TAS before the German courts. Flightright argued that the delay was attributable to TAS and could not be justified by extraordinary circumstances.
Under the EU law (Regulation (EC) No 261/2004), an airline is not obliged to pay compensation for a long delay, i.e. more than three hours, if it can prove that the delay was due to ‘extraordinary circumstances’ which could not have been avoided even if all reasonable measures had been taken.
The German court hearing the case asked the Court of Justice whether a shortage of the airport operator’s staff responsible for loading luggage onto aircraft could constitute an ‘extraordinary circumstance’.
Donnerstag, 16. Mai 2024
Urteil des Gerichtshofs in der Rechtssache C-405/23 Touristic Aviation Services
Flugverspätung – Außergewöhnlicher Umstand
Ein Flug der Touristic Aviation Services (TAS) von Köln-Bonn zur griechischen Insel Kos kam dort mit einer Verspätung von rund dreieinhalb Stunden an. Davon betroffene Fluggäste haben ihre etwaigen Entschädigungsansprüche an Flightright abgetreten.
TAS macht geltend, dass die Verspätung in erster Linie auf einen Mangel an Flughafenpersonal für die Gepäckverladung in Köln-Bonn zurückzuführen sei. Da dieser Personalmangel einen „außergewöhnlichen Umstand“ darstelle, müsse sie keine Verspätungsentschädigung zahlen.
Das Landgericht Köln möchte vom Gerichtshof u.a. wissen, ob ein Mangel an Flughafenpersonal für die Gepäckverladung einen „außergewöhnlichen Umstand“ darstellt. Ohne Schlussanträge.
Details
- Date:
- 16 May 2024
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-405/23 Touristic Aviation Services
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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