Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 30 November 2018 — Bulgarian Air Charter Limited v NE

(Case C-758/18)

Language of the case: German

Referring court

Landesgericht Korneuburg

Parties to the main proceedings

Appellant: Bulgarian Air Charter Limited

Respondent: NE

Questions referred

Are Articles 5(3) and 7 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 ¹ to be interpreted as meaning that an operating air carrier which asserts the existence of extraordinary circumstances as the cause of a long delay may rely on the ground for exemption from liability under Article 5(3) of the Flight Compensation Regulation only if it can also assert and demonstrate that the delay suffered by the individual passenger could also not have been prevented by re-booking onto alternative transport?

Must a re-booking required under Question 1 meet more specific temporal or qualitative criteria, in particular the criteria set out in Article 5(1)(c)(iii) or in Article 8(1)(b) and (c) of the Flight Compensation Regulation?

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¹ OJ 2004 L 46, p. 1.