Request for a preliminary ruling from the Amtsgericht Nürnberg (Germany) lodged on 21 September 2020 – Flightright GmbH v Ryanair Designated Activity Company
(Case C-443/20)
Language of the case: German
Referring court
Amtsgericht Nürnberg
Parties to the main proceedings
Applicant: Flightright GmbH
Defendant: Ryanair Designated Activity Company
Questions referred
Does a trade union-organised strike by an operating air carrier’s own staff constitute ‘extraordinary circumstances’ within the meaning of Article 5(3) of Regulation (EC) No 261/2004? 1
Is it of any significance that the strike was held in connection with staff demands not previously agreed by contract between the staff and the operating air carrier?
Is it of any significance that the strike in question was triggered by the operating air carrier’s conduct during negotiations with the trade union?
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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).