D. (Vice de fabrication du moteur) (Air transport - Compensation to passengers in the event of long delay or cancellation of a flight - Extraordinary circumstances - Judgment) French Text [2024] EUECJ C-411/23 (13 June 2024)

D. (Vice de fabrication du moteur) (Air transport - Compensation to passengers in the event of long delay or cancellation of a flight - Extraordinary circumstances - Judgment) French Text [2024] EUECJ C-411/23 (13 June 2024)

A hidden engine design defect revealed by the manufacturer constitutes an extraordinary circumstance under Article 5(3) of Regulation (EC) No 261/2004, even if the carrier was informed months before the flight. Carriers are not generally required to maintain a reserve fleet; reasonable measures depend on technical and economic feasibility at the relevant time.

Citation
[2024] EUECJ C-411/23
Parties
Applicant: D. S. A.; Respondent: P. S. A.
Jurisdiction
European Union
Judgment Date
13 June 2024
Procedural Posture
Preliminary Reference / Judgment
Outcome
Questions answered; interpretation provided.
Legal Topics
Compensation for Flight Delay, Extraordinary Circumstances, Technical Failures, Preventive Measures, Carrier Obligations
Air Transport Consumer Protection EU Law Compensation for Flight Delay Extraordinary Circumstances Technical Failures Preventive Measures Carrier Obligations

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Parties

D. S. A.

Applicant

P. S. A.

Respondent

Procedural Posture

Preliminary Reference / Judgment

Legal Issues

  1. 1 Does detection of a hidden engine design defect constitute an 'extraordinary circumstance' under Regulation (EC) No 261/2004?
  2. 2 Are airlines required to maintain a reserve fleet as a reasonable preventive measure to avoid compensation liability?

Ratio Decidendi

A hidden engine design defect revealed by the manufacturer constitutes an extraordinary circumstance under Article 5(3) of Regulation (EC) No 261/2004, even if the carrier was informed months before the flight. Carriers are not generally required to maintain a reserve fleet; reasonable measures depend on technical and economic feasibility at the relevant time.

Court Disposition

Questions answered; interpretation provided.

Orders

  • Article 5(3) of Regulation (EC) No 261/2004 covers hidden engine design defects as extraordinary circumstances even if known in advance.
  • Carriers may adopt preventive measures such as maintaining a reserve fleet only if feasible; no general obligation exists.