Request for a preliminary ruling from the Tribunal Judicial da Comarca dos Açores (Portugal) lodged on 14 May 2021 – KU and Others v SATA International – Azores Airlines SA

(Case C-308/21)

Language of the case: Portuguese

Referring court

Tribunal Judicial da Comarca dos Açores

Parties to the main proceedings

Applicants: KU, OP, GC

Defendant: SATA International – Azores Airlines SA

Question referred

Does a delay of more than three hours to, or the cancellation of, a flight as a result of a breakdown of the supply of fuel at the airport of origin, in the case where that airport is responsible for the management of the fuel system, constitute an ‘extraordinary circumstance’ within the meaning and for the purposes of Article 5(3) of Regulation (EC) No 261/2004 ¹ of the European Parliament and of the Council of 11 February 2004?

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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).