Latvia: new reference for ECJ preliminary ruling with regard to Reg. 261/2004
An Air Baltic flight from Copenhagen to Riga was delayed due to a breakdown of the radar and air navigation system and a partial closure of the air space above Malmö. After more than two hours though the air space was open again, the airline decided to cancel the flight because otherwise the admissible working hours of the crew would have been exceeded.
The Latvian court (Augstākās tiesas Senāts) referred the following questions to the European Court of Justice:
- Is 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, to be interpreted as meaning that an air carrier is required, in order to be found to have taken all reasonable measures to avoid extraordinary circumstances, to organise its resources in good time so that it is possible to operate a programmed flight once the unforeseen extraordinary circumstances have ceased to obtain, that is to say, during a certain period following the scheduled departure time?
- If the first question is answered in the affirmative, does Article 6(1) of Regulation No 261/2004 apply for the purpose of determining the minimum 'reserve time' which the air carrier, when organising its resources at the appropriate time, must provide for as a possible foreseeable delay in the event that extraordinary circumstances arise?
Case C-294/10 - Eglītis et Ratnieks