Court of Justice (Fourth Chamber) 22 December 2008, C-549/07 (Friederike Wallentin-Hermann v Alitalia - Linee Aeree Italiane SpA.)
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The core legal dispute in Case C-549/07 revolves around the interpretation of "extraordinary circumstances" under Article 5(3) of Regulation No 261/2004, specifically whether technical problems leading to flight cancellations qualify for exemption from compensation. The Court ruled that such technical issues are not considered "extraordinary" unless they arise from events beyond the air carrier's control and not inherent to its normal operations. Furthermore, compliance with minimum maintenance standards does not automatically demonstrate that an air carrier has taken all reasonable measures to avoid flight cancellations, thereby not relieving it of compensation obligations.AI
European Union · · · Cited by 1,123 · 22-12-2008
Parties Grounds Operative part Parties In Case C‑549/07, REFERENCE for a preliminary ruling under Article 234 EC from the Handelsgericht Wien (Austria), made by decision of 30 October 2007, received at the Court on 11 December 2007, in the proceedings Friederike Wallentin-Hermann v Alitalia – Linee Aeree Italiane SpA, THE COURT (Fourth Chamber), composed of K.
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