inni przeciwko Condor Flugdienst GmbH
The Court (Fourth Chamber) hereby rules:
1. Articles 2(l), 5 and 6 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, must be interpreted
as meaning that a flight which is delayed, irrespective of the
duration of the delay, even if it is long, cannot be regarded as
cancelled where the flight is operated in accordance with the air
carrier's original planning.
2. Articles 5, 6 and 7 of Regulation No 261/2004 must be
interpreted as meaning that passengers whose flights are delayed may
be treated, for the purposes of the application of the right to
compensation, as passengers whose flights are cancelled and they may
thus rely on the right to compensation laid down in Article 7 of the
regulation where they suffer, on account of a flight delay, a loss of
time equal to or in excess of three hours, that is, where they reach
their final destination three hours or more after the arrival time
originally scheduled by the air carrier. Such a delay does not,
however, entitle passengers to compensation if the air carrier can
prove that the long delay was caused by extraordinary circumstances
which could not have been avoided even if all reasonable measures had
been taken, namely circumstances beyond the actual control of the air
carrier.
3. Article 5(3) of Regulation No 261/2004 must be interpreted as
meaning that a technical problem in an aircraft which leads to the
cancellation or delay of a flight is not covered by the concept of
'extraordinary circumstances' within the meaning of that provision,
unless that problem stems from events which, by their nature or
origin, are not inherent in the normal exercise of the activity of the
air carrier concerned and are beyond its actual control.
http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-402/07
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