Request for a preliminary ruling from the Tribunal Judicial da Comarca do Porto – Juízo Local Cível da Maia (Portugal) lodged on 15 March 2022 – WH, NX v TAP – Transportes Aéreos Portugueses, SGPS, SA

(Case C-202/22)

Language of the case: Portuguese

Referring court

Tribunal Judicial da Comarca do Porto – Juízo Local Cível da Maia

Parties to the main proceedings

Applicants: WH, NX

Defendant: TAP – Transportes Aéreos Portugueses, SGPS, SA

Questions referred

In the light of Articles 5(1)(c), 6(1), 7(1) and 8(1)(b) of Regulation No 261/2004, ¹ must compensation be paid in the same way as it is for flight delays where transport to the final destination by bus, which is provided by an operating air carrier to passengers who missed a flight connection, is very late?

In the light of recital 14 and Article 7(3) of Regulation No 261/2004, does the breakdown of that bus and the need to replace it on the journey to the final destination constitute an extraordinary circumstance which exempts the air carrier from the obligation to pay compensation to passengers where the bus arrives at the final destination much later than its scheduled or expected arrival time?

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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).