Germany: one more request for preliminary ruling on Reg. 261/2004

The issue raised by German Supreme Court (BGH) once again relates to technical problems as a potential excuse for cancellation of flights. BGH asked European Court of Justice for preliminary ruling on1) whether technical defects can constitute “extraordinary circumstances” according to the Regulation,2) in case of affirmation, whether this would include defects affecting the airworthiness of the aircraft or the safe performance of the flight,3) whether it could be regarded sufficient as having taken all reasonable measures, if the carrier had observed maintenance instrcutions of the aircraft producer as well as safety provisons by the competent authorities or if the defect couldn’t have been avoided even when these instructions and provisions had been observed;4) in case of affirmation, whether this would be sufficient to exempt the carrier from compensation payments or whether the carrier for that purpose in addion would have to prove that cancellation itself couldn’t have been avoided by taking all reasonable measures.The BGH decision is avialable for download in German here>>.

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