Comunicaciones al DO nº C-758/18 of Tribunal de Justicia, President, February 22, 2019
Resolution Date | February 22, 2019 |
Issuing Organization | President |
Decision Number | C-758/18 |
Petición de decisión prejudicial planteada por el Landesgericht Korneuburg (Austria) el 30 de noviembre de 2018 - Bulgarian Air Charter Limited / NE
(Asunto C-758/18)
Lengua de procedimiento: alemán
Órgano jurisdiccional remitente
Landesgericht Korneuburg
Partes en el procedimiento principal
Demandada y recurrente: Bulgarian Air Charter Limited
Demandante y recurrida: NE
Cuestiones prejudiciales
¿Deben interpretarse los artículos 5, apartado 3, y 7, del Reglamento (CE) n.º 261/2004 del Parlamento Europeo y del Consejo, de 11 de febrero de 2004, por el que se establecen normas comunes sobre compensación y asistencia a los pasajeros aéreos en caso de denegación de embarque y de cancelación o gran retraso de los vuelos, y se deroga el Reglamento (CEE) n.º 295/91 (DO 2004, L 46, p. 1), 1 en el sentido de que el transportista aéreo encargado de efectuar el vuelo, que invoca la existencia de circunstancias extraordinarias como causa de un gran retraso, únicamente puede basarse en la causa de exoneración del artículo 5, apartado 3, del Reglamento n.º 261/2004, si alega y puede demostrar que el retraso sufrido por el pasajero particular tampoco habría podido evitarse mediante la...
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