Language of document :

Request for a preliminary ruling from the Landgericht Stuttgart (Germany) lodged on 24 April 2019 — Eurowings GmbH v GD, HE, IF

(Case C-334/19)

Language of the case: German

Referring court

Landgericht Stuttgart

Parties to the main proceedings

Appellant: Eurowings GmbH

Respondents: GD, HE, IF

Question referred

Are the provisions 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 in particular Article 5(3) thereof, to be interpreted as meaning that the spontaneous absence of a significant portion of the flight crew staff — occasioned by their placing themselves on sick leave (‘a wildcat strike’) — of an air carrier that is leasing out an aircraft and crew under a ‘wet lease’ to the ‘operating air carrier’, within the meaning of Article 2(b) of that regulation, but which does not bear operational responsibility for the flights, has as an effect that the ‘operating air carrier’ is also not able to rely on ‘extraordinary circumstances’ within the meaning of Article 5(3) of that regulation, in accordance with the judgment of 17 April 2018, Krüsemann and Others, C-195/17, C-197/17 to C-203/17, C-226/17, C-228/17, C-254/17, C-274/17, C-275/17, C-278/17 to C-286/17 and C-290/17 to C-292/17? 2


1 OJ 2004 L 46, p. 1.

2 EU:C:2018:258.