The Dublin Metropolitan District Court referred the follwoing questions to the Court of the European Union:Do circumstances such as the closures of European airspace as a result of the eruption of the Eyjafjallajökull volcano in Iceland, which caused widespread and prolonged disruption to air travel, go beyond “extraordinary circumstances” within the meaning of Regulation 261/2004?If the answer to question 1 is yes, is liability for the duty to provide care excluded under Articles 5 and 9 in such circumstances?If the answer to question 2 is no, are Articles 5 and 9 invalid in so far as they violate the principles of proportionality and non-discrimination, the principle of an “equitable balance of interests” enshrined in the Montreal Convention, and Articles 16 and 17 of the Charter of Fundamental Rights of the European Union?Is the obligation in Articles 5 and 9 to be interpreted as containing an implied limitation, such as a temporal and/or a monetary limit, to provide care in cases where cancellation is caused by “extraordinary circumstances”?If the answer to question 4 is no, are Articles 5 and 9 invalid in so far as they violate the principles of proportionality and non-discrimination, the principle of an “equitable balance of interests” enshrined in the Montreal Convention, and Articles 16 and 17 of the Charter of Fundamental Rights of the European Union?Case C-12/11 – Denise McDonagh v. Ryanair Ltd
