Request for a preliminary ruling from the Korkein oikeus (Finland) lodged on 22 June 2023 – Passenger A v Finnair Oyj

(Case C-385/23, Finnair)

Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings

Applicant: Passenger A

Defendant: Finnair Oyj

Questions referred

Can an air carrier rely on extraordinary circumstances within the meaning of Article 5(3) of Regulation No 261/2004 ¹ on the sole ground that the aircraft manufacturer discovered the existence of a hidden design defect detrimental to flight safety and affecting the entire aircraft type, even though that discovery was not made until after the flight was delayed and cancelled?

If the first question is answered in the negative, and it falls to be examined whether the circumstances in question are the result of events which are inherent in the normal exercise of the activity of the air carrier concerned and are not beyond the actual control of that carrier on account of their nature or origin, is the case-law of the Court of Justice of the European Union on the premature failure of certain technical parts of an aircraft applicable in a case such as that here, in which, at the time when the flight was cancelled, neither the manufacturer nor the air carrier knew the nature of the defect in the new aircraft type at issue or how it could be rectified?

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¹ 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 (OJ 2004 L 46, p. 1).