Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Poland) lodged on 11 August 2017 — Passengers Rights sp. z o.o. v Deutsche Lufthansa AG

(Case C-490/17)

Language of the case: Polish

Referring court

Sąd Okręgowy w Warszawie

Parties to the main proceedings

Appellant: Passengers Rights sp. z o.o.

Respondent: Deutsche Lufthansa AG

Questions referred

1.    Does an internal strike organised by a trade union of a carrier’s employees constitute ‘extraordinary circumstances’ within the meaning of 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, ¹ in conjunction with recital 14 of that regulation?

2.    For a carrier to be exempted from the obligation to pay compensation under 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, in conjunction with recital 14 of that regulation, is it sufficient to make out a probable case, or is it also necessary to prove, that the employees’ strike constitutes an extraordinary circumstance which could not have been avoided even if all reasonable measures at the carrier’s disposal had been taken?

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¹ OJ 2004 L 46, p. 1.