Request for a preliminary ruling from the Sąd Rejonowy w Gliwicach (Poland) lodged on 5 March 2020 — D. Spółka Akcyjna v W. Zrt

(Case C-127/20)

Language of the case: Polish

Referring court

Sąd Rejonowy w Gliwicach

Parties to the main proceedings

Applicant: D. Spółka Akcyjna

Defendant: W. Zrt

Questions referred

Must 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, and repealing Regulation (EEC) No 295/91 …, ¹ be interpreted as meaning that an air carrier whose aircraft has suffered a bird strike is obliged, as part of the reasonable measures that it must take, to provide, in its rotation-based flight planning system, for sufficient reserve time for a required safety check to be made?

and, in the event that this question is answered in the negative:

Must 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, and repealing Regulation (EEC) No 295/91 …, be interpreted as meaning that an air carrier whose aircraft has suffered a bird strike is obliged, as part of the reasonable measures that it must take, to establish crew rosters or staffing levels in such a way that crews are ready for flight duties immediately after a required safety check is made, regardless of the limits on flight time and duty time and the rest period requirements laid down in Annex III to Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations …? ²

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¹ OJ 2004 L 46, p. 1.

² OJ 2012 L 296, p. 1.