Moens (Air transport - Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights - Judgment) [2019] EUECJ C-159/18 (26 June 2019)

Moens (Air transport - Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights - Judgment) [2019] EUECJ C-159/18 (26 June 2019)

The presence of petrol on a runway, not originating from the carrier's aircraft, leading to closure and delay, constitutes 'extraordinary circumstances' under Article 5(3) of Regulation No 261/2004. Such circumstances are not inherent in the normal activity of the air carrier and are outside its control. The carrier could not have avoided the delay by reasonable measures, as runway maintenance and closure decisions are outside its competence.

Citation
[2019] EUECJ C-159/18
Parties
Applicant: Mr André Moens; Respondent: Ryanair Ltd
Jurisdiction
European Union
Judgment Date
26 June 2019
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Reference for a preliminary ruling answered; presence of petrol on runway causing closure and delay is an extraordinary circumstance exempting carrier from compensation.
Legal Topics
Flight Delay Compensation, Extraordinary Circumstances, Interpretation of Regulation (ec) No 261/2004
European Union Law Aviation Law Consumer Protection Flight Delay Compensation Extraordinary Circumstances Interpretation of Regulation (ec) No 261/2004

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Parties

Mr André Moens

Applicant

Ryanair Ltd

Respondent

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether the presence of petrol on a runway causing closure and flight delay constitutes 'extraordinary circumstances' under Article 5(3) of Regulation (EC) No 261/2004
  2. 2 Whether such circumstances could have been avoided by reasonable measures by the air carrier

Ratio Decidendi

The presence of petrol on a runway, not originating from the carrier's aircraft, leading to closure and delay, constitutes 'extraordinary circumstances' under Article 5(3) of Regulation No 261/2004. Such circumstances are not inherent in the normal activity of the air carrier and are outside its control. The carrier could not have avoided the delay by reasonable measures, as runway maintenance and closure decisions are outside its competence.

Court Disposition

Reference for a preliminary ruling answered; presence of petrol on runway causing closure and delay is an extraordinary circumstance exempting carrier from compensation.

Orders

  • Article 5(3) of Regulation (EC) No 261/2004 must be interpreted as meaning that the presence of petrol on a runway leading to closure and delay is an 'extraordinary circumstance' when the petrol does not originate from the carrier's aircraft.
  • Such a circumstance could not have been avoided even if all reasonable measures had been taken.