Austria: another Preliminary Ruling Procedure instituted in regard to Reg. 261/2004

Commercial Court Vienna has referred a case to European Court of Justice for preliminary ruling on the interpretation of Reg. 261/2004, specificly the differentiation between “cancellation” and “delay” as well as the term “extraordinary circumstances” in regard to technical defects of an aircraft.ECJ admitted the motion (file no. C-432/07) and decided to connect same to the pending proceedings on preliminary ruling instituted by German BGH (C-402/07).

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