Judgment of the Court (Eighth Chamber) of 13 June 2024 (request for a preliminary ruling from the Korkein oikeus - Finland) – Matkustaja A v Finnair Oyj

(Case C-385/23, ¹ Finnair (Fuel gauge design defect))

(Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Compensation for passengers in the event of long delay or cancellation of flights – Exemption from the obligation to pay compensation – Extraordinary circumstances – Technical failures caused by a hidden design defect revealed by the manufacturer after cancellation of the flight – System for measuring the quantity of fuel in the aircraft)

Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings

Applicant: Matkustaja A

Defendant: Finnair Oyj

Operative part of the judgment

Article 5(3) of 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,

must be interpreted as meaning that the occurrence of an unexpected and unprecedented technical failure affecting a new aircraft model recently put into service which results in the air carrier cancelling a flight is covered by the concept of ‘extraordinary circumstances’, within the meaning of that provision, where the manufacturer of that aircraft recognises, after that cancellation, that that failure was caused by a hidden design defect concerning all aircraft of the same type and impinging on flight safety.

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¹ OJ C 314, 4.9.2023.