Language of document :

Request for a preliminary ruling from the Amtsgericht Rüsselsheim (Germany) lodged on 12 November 2013 – Thomas Etzold and Others v Condor Flugdienst GmbH

(Case C-575/13)

Language of the case: German

Referring court

Amtsgericht Rüsselsheim

Parties to the main proceedings

Applicants: Thomas Etzold, Sandra Etzold, Toni Lennard Etzold

Defendant: Condor Flugdienst GmbH

Questions referred

Must the extraordinary circumstance within the meaning of Article 5(3) of Regulation No 261/2004 1 relate directly to the booked flight?

If extraordinary circumstances which occur during earlier flights are also relevant to a later flight, must the reasonable measures to be taken by the operating air carrier, in accordance with Article 5(3) of Regulation No 261/2004, relate only to preventing the extraordinary circumstance or also to avoiding a long delay?

Are adverse actions by third parties acting on their own responsibility and to whom certain tasks that constitute part of the operation of an air carrier have been entrusted, to be deemed to be extraordinary circumstances within the meaning of Article 5(3) of Regulation No 261/2004?

If the answer to Question 3 is in the affirmative, does the assessment of the situation depend on who (airline, airport operator etc.) entrusted the task(s) to the third party?

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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 L 46, 17.2.2004, p. 1).